일본 행정사건소송법상의 의무이행소송의 운용 현황에 관한 연구

This thesis discussed the operation status of the fulfillment of obligation suit system under the revised Japanese Administrative Litigation Act, which was revised for implementation beginning from 2004. Strict requirements in the revised law for the performance of obligation suit system appeared to cause some confusion about the operation of this system. However, operation of the obligation performance suit system progressed in a fashion unique to themselves by creating and citing a judicial precedent. Also it was encouraging to note a steady flow of cases started by the people who made the most of the obligation performance suit system. And initial confusion as to the operation of this system was thought to be considerably reduced as the related leading cases accumulate steadily over time. However, the strict litigation requirements might still remain largely controversial. In the case of our country, not a very good atmosphere surrounded it, that movement towards the amendment was not observed, although there had been a lot of discussion about the amendment of the Administrative Litigation Act. However, no one may argue against revising the Administrative Litigation Act; it is a task that must be accomplished. It is therefore wise to make steady progress in our preparation for its revision. It is also worthwhile to take note of the advantages and disadvantages of the Japanese system dividing the type of the performance of obligation suit into application and non-application types and strictly stipulating by law the non-application type suit requirements. Hopefully, various points discussed in this thesis may serve as a useful reference work when considering introducing the performance of obligation system of our own.