처분의 부작위로 인한 침해에 대한 구제수단

Even if the plaintiff demands something of the administrative agency, in case of the omission of the latter, what should we do ? Il existe the remedy by the state compensation, the administrative appeal, the administrative litigation, the ombudsman, and the constitutional complaint. The term of omission means a situation in which an administrative agency doesn't make a certain disposition with respect to any application made by the party concerned, which it is legally obliged to do so in a reasonable period. The litigation of affirmation of illegality of omission will not play an important role for the people. We will study the system of the Germany and the France and we will look for the solution. We must pay attention to the judgment of Couitéas because this judgment is concerned with the responsibility without negligence. Dans this judgment, we can know that the public interest is superior to the execution of the judgment. If the plaintiff is damaged by the omission of the administrative agency, the latter must compensate for the damages. If the omission of the administrative agency exists, the plaintiff can be relieved by the administrative appeal and the administrative litigation etc.. According to the law of February 2008 in Korea, the administrative appeal procedure is more simplified than the past days and it will be contributed to the interest of the people.