행정주체 사이의 사무관리와 비용상환청구 - 독일의 공법상 사무관리 이론을 중심으로 -

In this paper, using the facts mentioned in the Seoul High Court sentence on 2014. 12. 17., ruling no. 2014Na2022213 as a material, doctrines that can be applied to cases where local governments handled national administrative tasks at their expenses on behalf of the central government were reviewed. In the abovementioned case, there was a distinctiveness that the situation was pressing so that the handling of the administrative tastks could not be postponed. If a system to be compensated for the expenses in such cases was not prepared, administrative bodies should be reluctant to handle administrative affairs or pay expenses in situations where the responsible party for affairs is not clear. In reality, the body responsible for administrative tasks is not clear in laws in not a few cases. If legal principles regarding the reimbursement of expenses were not clearly established despite the foregoing, undesirable situations may occur where states that threaten important legal interests such as life, health, and health are left unattended as they are. In this paper, what could be the grounds for request to the central government for the reimbursement of expenses spent by local governments to handle national administrative tasks on behalf of the central government and how related disputes should be settled were reviewed. First, the theory of negotiorum gestio under public laws in Germany was introduced. In the case of Germany, the right to request for reimbursement of expenses is admitted for issues such as those mentioned above from long ago by analogically applying the regulations regarding negotiorum gestio under private laws to the area of public laws. Next, the ground for occurrence of the right to request for reimbursement of expenses in the subject case was reviewed. Although the above ruling admitted the existence and effect of the agreement to share expenses, in light of provisions under the Act on Contracts to Which the State Is a Party and the Local Finance Act, this judgement is doubtful. If the right to request for reimbursement of expenses does not occur by agreement, the analogical application of the regulations regarding the negotiorum gestio under private laws can be considered. In the case of the subject case, the performance of administrative affairs for which another administrative body was responsible was judged justifiable because the affairs required urgent handling. Therefore, the reimbursement of expenses can be sought for by analogically applying the regulations regarding the negotiorum gestio. Finally, methods of settling disputes were reviewed. When there are disputes between administrative bodies regarding expense sharing, the disputes cannot but be settled by trials. In addition, such disputes are suitable for settlement by the court because the interpretation of legal provisions regarding the existence and scope of authorities will be a major issue in judging the existence and scope of the right to request for reimbursement of expenses. The concrete type of litigations should be party litigations under the Adminiatrative Litigation Act.