소송물과의 관련성에서 본 취소판결의 기속력- 특히 반복금지효를 중심으로 -

In Korea, a revocation suit is structured, by imposing an administrative agency the duty to act differently in honor of the court ruling while giving the court a jurisdiction to revoke a certain administrative action,to secure checks and balances between administrative and judiciary powers. The binding effect of judgement in a revocation suit by which an administrative agency's duty to act differently in honor of the court ruling is imposed is a special nature of effect which substitutes a mandatory injunction under an ordinary litigation. The Korean Supreme Court has constantly upheld that an administrative agency may act differently in its later action as far as grounds for such action is different from those of the previous action, whereas the Court allows the agency to supplement and amend grounds for the agency's previous action in the corresponding hearing. Inconsistency in the Court's stance comes basically from a matter of choice between a litigation structure where a court prohibits the parties from filing any further lawsuits by trying to resolve all the relevant issues in the competent procedure, and one where a court resolves exclusively the issues actually raised by the parties without delay and examines other ones only when the parties file another lawsuit later. In this regard,the binding effect of judgement in a revocation suit in Korea is distinguished from res judicata under common law, a doctrine by which a final judgement by a competent jurisdiction is conclusive upon the parties in any subsequent litigation involving the same cause of action.