행정쟁송법체계의 정합성 확보방안 연구

In Korea, there are system of administrative judgment and administrative litigation as a means of dispute settlement against unlawful and improper administrative disposition. Both systems have mutual, even though they are Linkage system. The study investigated the inconsistent factors by comparing the current Administrative Litigation Act with Administrative Appeals Act, and examined the related theoretical discussions in order to find ways to secure consistency. As a result, I found that there are various inconsistent factors based on the formal Power Separation Theory, and suggested ways to solve the problem of inconsistency by introducing various systems in the Administrative Litigation Act. In the meantime, there has been considerable debate that the Administrative Litigation Act should be amended to strengthen the rights of the people. However, it is hard to find any research that approached the problem of Consistency of Legal System between related laws. In this sense, this paper will be a preliminary data for the improvement of the Administrative Litigation Act in terms of legal system consistency, rather than merely expanding the protection of people’s legal right.