행정소송상 화해의 허용성에 관한 연구

A Study on Admissibility of Settlement in Administrative Litigation

No one denies that settlement in administrative litigation has a broad utility in practical affairs for all that it has not enough legal ground in current law, and contribute to a rapid and economic solution of administrative litigation. However, currently we don’t have definite regulations about legal characteristics of the settlement in practical affairs, which include various problems even at the time of applying settlement in Civil Procedure Act. Above all, there are still theoretical discussions on whether settlement is possible in administrative litigation since Administrative Litigation Act doesn’t still have official regulations of settlement. Thus, the Supreme Court prepared for a revised bill of Administrative Settlement Act considering characteristics of administrative litigation as well as accepting settlement in Civil Procedure Act. The revised bill has core contents that it limits an object of settlement decision to the cases that disposals of administrative agencies are deviated and abused their discretion and to the cases of curable procedure flaw exceptionally, considering rights relief of administrative litigation and control function of administrative legality, and contents of the settlement bill should not also escape legal limits. Only, I think that it is an urgent problem to prepare for proper and concrete regulations of Administrative Litigation Act by supplementing such a revised bill since the revised bill also has indefinite regulations and problems about legal effect are still not settled by only application of procedure.