공공기관의 지방이전에 따른 개정 행정소송법 제9조 제2항의 재판관할 문제 - 실무 사례를 중심으로 -

Administrative Litigation Act in Korea was revised for a tentative principle of transposition on March 1, 1998, and the act continued to exist unchanged. However, it is worthwhile to notice that some regulations on court operations of administrative litigation have been added to the act in 15 years. Investigating into some situations of moving public institutions to regions, 95 institutions among 154 ones have moved to some provincial regions until Dec. 31, 2014. Since the guideline for moving public institutions to regions was released in June, 2003 and some legislative clues of Special Act on Balanced National Development were arranged, the moving of public institutions to regions continued to practice on the basis of the Special Act on Construction and Itsxla Support of Innovative Cities(2.12), which was legislated and implemented on Jan. 11, 2007. The 60 public institutions have yet to move to a region in the year of 2015. The research has reviewed some practical cases on the revised act items on Administrative Litigation Act since then moving of public institutions to the regions. The main objective of the research would be the control over the land of administrative litigation after moving of public institutions to the regions. The research has reviewed some conflicts which would happen in the process of court litigation, reviewing the revised acts on the control over the land and moving public institutions to the regions in most cases of appeals to a court decision. Then the research will offer some ideas for the legislative improvement and reasonable hermeneutics on the 2nd item of the 9th Act of Administrative Litigation.