특별행정법으로서의 군사행정법의 법치주의적 수용 2 - 권리구제를 위한 처분성 인정 여부를 중심으로-

The acceptance of the rule of law to the military will first be the rule of military service relations of soldiers under the law. Military service relations stem from the existing theory of special power relations. Its contents include comprehensive control without the statutory basis of the law and the exclusion of judicial review. Under today's constitutional structure, it is difficult to recognize the idea of a special power relationship that is free from the law without the basis of the constitution. Therefore, the principle of statutory basis is applied to special power relations, basic rights are effective, and judicial relief for the exercise of public power in special power relations is recognized. Even if the theory of special power relations in the past is overcome and the rule of law is applied to special power relations, there is still a unique constitutional specificity in special power relations. The constitutional issue of today's special power relations lies in whether the application of the rule of law, such as the principle of statutory basis and the principle of excess prohibition, can be relaxed and to what extent it can be applied. The discussion of the identity of the concept of disposition is common in that the fundamental purpose is to expand rights relief, and there are only differences in its means. Ultimately, the expansion of rights relief is to diversify the types of litigation while expanding the actions subject to administrative litigation. Finally, it should be possible to file an administrative lawsuit for all administrative functions. Reviving the discussion on the revision of the Administrative Procedure Act to revitalize party litigation is also useful for arranging discussions on the identity of the concept of disposition. Under the Military Administration Act, studied the decision on the division of death of the Major Accident Review Committee under the Military Personnel Act, the decision on the Player falling behind by the Armed Forces Sports Unit, and the notification of the invested capital compensation rate by the head of the Defense Acquisition Program Administration. The the decision of the Major Accident Review Committee for the classification of death is a decision-making within the administrative agency for administrative processing following the death of a soldier, and is not an administrative disposition subject to an appeal suit. However, the decision and reply to the death classification should be made carefully as it is an important reference for the registration of persons of national merit, the review of the burial of national cemeteries, and the determination of death compensation. A ruling has been issued acknowledging the disposition of the decision to Player falling behind from the Armed Forces Sports Unit, which was previously recognized as a measure of transferring positions. The decision to Player falling behind is the heaviest disposition that causes the loss of the opportunity to serve as an athlete by belonging to the Armed Forces Sports Unit, and the disadvantage to the parties is also great. It will be done in recognition of its disposition in administrative litigation. the notification of the invested capital compensation rate by the head of the Defense Acquisition Program Administration is not only applied to contracts between the Defense Acquisition Program Administration and defense companies, but also applies to contracts for delivery of all defense products signed by defense companies. The defense contractor must contend with the notification of the invested capital compensation rate itself, not as a legal matter between the contracting parties, to effectively remedy the rights.