국가소송법상 소송지휘제도의 평가와 개선방안 연구 - 행정소송을 중심으로 -

Administrative litigation, which accounts for the largest portion of State litigation affairs, is carried out by the competent performing institution (administrative agency and administrative subject) with its own personnel (litigation performers) and budget, also the results are also responsible. Regarding administrative litigation, the Act on litigation to which the state is a party stipulates that the Minister of Justice shall direct and supervise each performing institution (the head of the administrative agency) in order to supplement the litigation performance ability of the performing institution by utilizing excellent employees of the ministry of justice (the litigation direction system). However, the current litigation direction system does not contribute substantially to the original purpose of Improving litigation performance ability, but only prevents negligence in performance of litigation. Therefore, in order to substantially contribute to the efficiency of litigation affairs in relation to the Administrative litigation, the following improvements must be made. First, in order to end confusion concerning the right to designate a litigation performer by a local government in the party suit, the Act on litigation to which the state is a party shall be amended to re-states the objects of the litigation direction and the subject of the right to designate litigation performers. Second, in order to implement the actualization and concreteness of the litigation direction, the uniform and mechanical direction of the entire administrative litigation and the direction of the case in conflict of interest in the litigation shall be avoided. Third, in order to strengthen the responsibility in litigation performing･ direction, it should be attempted to present the basis for direction decision, improve the direction method if there is a disagreement of opinion with the performing institution, and specify the requirements for negligence in performance of litigation.