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The structures and roles in judicial review of administrative litigation in Korea

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  • The structures and roles in judicial review of administrative litigation in Korea
  • Lee, Hee-Jung
  • Seoul National University(BK 21 Law)


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Title The structures and roles in judicial review of administrative litigation in Korea
Similar Titles
Material Type Articles
Author(English)

Lee, Hee-Jung

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2006
Journal Title; Vol./Issue Journal of Korean Law:vol. 6(no. 1)
Pages 25
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

The purpose of this paper is to review the basic structure of administrative litigation system of Korea and its role in the judicial review over the exercise of public powers. The courts’ jurisdiction over administrative litigation has an evident constitutional ground, but the concrete forms of action have been decided by the legislature. The main forms of judicial review are appeal litigations which include a suit for invalidation, a suit for affirming the nullity and a suit for affirming the illegality of omission of a “disposition” in the Administrative Litigation Act. Until recently, the scope of review under the appeal litigation has been restricted mainly by the courts’ narrow interpretation of the concept of “disposition” and their view on the purpose of litigation. (The rest omitted)