2008년 행정법 판례 연구

This paper is a study on the judicial precedent of administrative law in 2008. Although considerable number of judicial precedents of administrative law in 2008 have the similar tendency with those of the previous ones, the decision by the Supreme Court that the government is not responsible for the compensation for the administrative guidance has a significant meaning as a leading case. It is noteworthy that the judges’ unanimous decision in the Supreme Court has come out for administrative case in 2008. Of the several Supreme Court’s unanimous decisions, the decision which overruled the subsidiarity of the litigation for affirmation of nullity in the case of ‘Amont borne by causers of Sewage’ is a landmark which emphasized the independence of the administrative lawsuit. Another court’s unanimous decision that the lawsuit which claims for the compensation according to the “Act on the Honor Restoration of and Compensation to Persons Related to Democratization Movements” should be viewed as a revocation litigation has different tendency to the previous decisions where such type of lawsuits had been taken as party litigation. The tendency of the Supreme Court’s judicial precedents for the administrative law in 2008 has the direction toward the realization of the relief of citizens’ right and reinforcement of administrative control. It also shows positive roles of the judiciary which decisively overcomed the problems on the theories of the previous judicial precedents through Supreme Court’s unanimous decisions.