処分性拡大論に付随する理論的問題に関する一試論

Conventionally, the Supreme Court has denied the disposability that is the subject of cancellation lawsuits regarding administrative guidance, administrative plan decisions and law of local authority, etc.However, before and after the enforcement of the revised Litigation law of administrative case in 2004 the Supreme Court has issued a ruling recognizingthe disposabilityabout some of administrative guidance,administrative plan decisions and law of local authority, etc.when certain conditions arefurfilled.When some actions such as administrative guidance, administrative plan decisions and law of local authority, etc. are done as preceding actions,those who disagree with such asthe actionfile an appeal seeking cancellation of the action and seeking rights reliefbecause of the illegality of the action.If the Supreme Court accepts theappeal seeking cancellation of the action,This case is called the Disposability Expansion Judgement.In this case, how is Expanded Disposability treated on Administrative procedure law and Litigation law of administrative case？On the other hand, there arethe official power as the effect of disposal and the exclusive jurisdiction of cancellation lawsuits which is established as case law. This study ison theoretical problem about how Expanded Disposabilityaffects the official power and the exclusive jurisdiction of cancellation lawsuits.Further this study is related to theoretical problem about how Expanded Disposability affects the theory of succession of illegality.