일본 개정 행정사건소송법의 假救濟에 관한 연구

This article is a research on the provisional remedies of the Administrative Litigation Act in Japan. As is generally known, bills for the revision of the Administrative Litigation Act are submitted by Supreme Court and the Ministry of Justice respectively in Korea.So, I wanted to look for more desirable institutional way of improvement on our Administrative Litigation Act, by researching the case in Japan. By revising in 2004, Japan introduced provisions for ① performant of temporary duties, ② temporary injunction, ③ loosened requirements for suspension of execution. The important amendments are as follows :First is a revision of the provision for suspension of execution. The phrase which 'the damage which is irrecoverable' is changed to ‘an important damage’. This is assessed by degree and nature of damages, and by the contents and nature of the administrative action.Second, the provisions, a performance of temporary duty and a temporary injunction are newly introduced. The amended law provides new articles together with the new procedure and necessary conditions for the above provisions. But, all problems are not resolved by this revision. I think even if the administrative agency holds the power which counties until the final judgement, external control by the judiciary should be available before the final judgement. Finally, I think that the debates will take play in the new future on the provisional remedies. At that time, If this article will be helpful, more pleasure is to me.