2024년 행정판례의 이론적 조명(3): 각론 편

This special series, “Analysis of the Major Administrative Law Cases in 2024,” analyzes eighteen major decisions in the field of administrative law published in the Judicial Precedent Gazette between January 1 and December 31, 2024. The first paper, Part I: General Principles of Administrative Law, examined (1) the standards and methods for judicial review under the principle of proportionality, (2) the limits of legislative formation under the principle of equality, (3) the mode of judicial control over mandatory administrative sanctions, and (4) the possibility and limitations of public law contracts as substitutes for administrative acts. The second paper, Part II: Administrative Remedies, analyzed (1) the justiciability of refusal dispositions, (2) the permissible scope of adding or amending reasons for refusal, (3) the legal interest in challenging intermediate acts and the existence of an application right derived from general principles of law, (4) the requirements for suspension of execution under the Administrative Litigation Act, and (5) the nature and function of state liability claims. The present and final paper, Part III: Specific Areas of Administrative Law, selects six leading cases for commentary and theoretical analysis. The topics discussed, in order of presentation, are: (1) the legal nature of actions seeking confirmation of invalidity of local ordinance resolutions, (2) loss compensation for reduced business profits, (3) the conflict between applications for land partition based on final judgments and regulatory restrictions under building laws, (4) school violence and disciplinary measures, (5) the relationship between the original disposition and a subsequent amended (increased) tax disposition, and (6) the binding effect of administrative decisions ordering re-investigation. This study aims to assess the doctrinal issues and practical implications of each decision, clarify their theoretical contributions and limitations, and propose new perspectives that may promote the further development of administrative law through judicial precedents.