기관소송과 권한쟁의심판과의 관계 정립에 관한 연구

다국어 초록 (Multilingual Abstract)

  The Agency Litigation is that the litigation between Public agencies as the final searching for ways to end the litigations. It means a litigation instituted when disputes arise over the existence or non-existence and exercise of power between agencies of the State or organs of public entities. In Korea, since 1984 total reform of the Administrative Litigation Act, the act says the agency litigation is one of the administrative litigation. Also in 1987, as the 9th constitutional amendment and in 1988 the constitutional court act, make the Constitutional Court and Authority dispute judgments as a litigation. Through the making the law, there are the relationships problem of between “the agency litigation” and “the Authority dispute judgments”, by Art. 8 (2) additional constitutional court act, as a conditional clause “except for a litigation instituted against matters of which the Constitutional Court is in charge under Article 2 of the Constitutional Court Act.(Art.3(4))” try to result the problems.<BR>  Nevertheless it is not solved only legislation process between Agency litigation and Authority dispute judgment. Since 1988 foresees like this concrete problem point from the academic world and presents comes a various branch solution like this solution sincerely from institutional use process, accepts and support is not, even one cannot advance from legislation level. The worry of like this academic world was actualized already.<BR>  Like this writing has a problematic consciousness, administrative lawsuit legal as a matter of agency litigation and constitutional as a matter of Authority dispute judgment under taking a triangular position a desirable correlation. For that, concept of the agency litigation in order to take a triangular position first of all must be investigated certainly a desirable correlation, about legal nature, arranges etc. And establishes in like this general theory and correlation of the agency litigation which presents from above and authority dispute judgment takes a triangular position, the Authority dispute judgment judicial precedent which does consequently during that time from the Constitutional Court under analyzing cases critically.