행정소송상 조정권고에 대한 인식 개선과 발전 방향

In administrative litigation, unlike civil litigation, there are no statutory grounds for judicial conciliation or compromise. However, in the practice of administrative trials, when the court recommends conciliation, the administrative agency (on the dependant’s side) revokes or alters the administrative disposition and the plaintiff withdraws the lawsuit. This recommending a conciliation by a court can be regarded as de facto judicial conciliation or compromise. The utilization of judicial recommendation for conciliation in administrative litigation is not high. The following can be assumed as the cause. Not only are there no statutory grounds for judicial recommendation for conciliation, but there are also awareness gaps of that recommendation system for administrative litigation among judges, plaintiffs, administrative agencies responsible for administrative litigation, and prosecutors in charge of directing administrative litigation. For those who affirm the judicial conciliation in administrative litigation, stipulating it through legislation will be a fundamental solution. However, in a situation where it is difficult to revise the Administrative Litigation Act or enact a separate law on conciliation in administrative cases, it would be realistic to seek ways to utilize the judicial recommendation for conciliation, which is being practiced under the current law. In this paper, considering this circumstance, I reviewed the awareness improvement and development direction of the judicial recommendation for conciliation. First, the utilization status of the judicial recommendation for conciliation in administrative litigation was examined. Next, by analyzing the practical benefits and positive aspects of dispute resolution through the judicial recommendation for conciliation, the necessity of raising awareness of it was reviewed. In addition, comparative legal implications were sought by looking at examples of foreign countries related to conciliation in administrative litigation. Furthermore, the plans for the development of the judicial recommendation for conciliation system in a desirable direction and matters to be noted in trial practice related to it were also reviewed.