취소판결의 기속력의 내용 ― 특히 적극적 효력으로서의 원상회복의무와 관련하여 ―

This thesis analyzes the binding force of revocation judgment, especially duty to restoration. The research methods taken in this thesis include examining the development of legal systems, case laws and theories related to this subject in Korea. The binding force of revocation judgment play an important role in relieving citizens from the infringement of their rights or interests by illegal dispositions of administrative agencies and settling properly disputes over the rights involved in public law. The binding force of revocation judgement 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 binding force of revocation judgement 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. The Administrative Litigation Act of Korea Article 30 regulates the binding force of revocation judgment. According to Article 30, a final judgment revoking a disposition shall be binding on the parties, an administrative agency and other administrative agencies involved in case. The scope of the binding force of revocation judgment is not so clear. The function of the binding force of revocation judgment is investigated through the analyses of the case law in this thesis. That are the function to revoke illegal disposition, the prohibition to repeat same disposition, the duty of restoration, the function to make a new disposition to the previous request in keeping with the aim of the judgment etc.