항고소송의 심리와 증명책임에 관한 법리가 공법상 당사자소송에 준용될 경우의 문제점에 관한 소고

This Thesis finds the Problems of the Theories about the Hearing and the Burden of Proof in the Appeal Litigation applying to the Party Litigation. the Research Methods employed in his Thesis include analyzing Case Law, Theories to this Problems, Case Study about BaekYang-Tunnel. the Administrative Litigation Law of Korea Article 26 regulates the Principle of Authority Detection. The Supreme Court in Korea understands the Principle of Authority Detection in administrative Litigation means Supplementing of Pleadings Principle. and Litigation Law of Korea Article 26 applies the Party Litigation. In this regard, The Supreme Court and Academy in Korea applied the Theories about the Hearing and the Burden of Proof in the Appeal Litigation to the Party Litigation. There is a Problem with this Theories. ① Violation of Principal of Disposition, ② Missing Differences about Before and After The Completion of Facilities in Private Investment Business, ③ Insufficient Requirements of Case Law in Korea about Concrete Validity, ④ Difficulties of the Hearing at Administrative Litigation. Therefore, This Theories will apply the Party Litigation more narrowly.