행정소송 각하판결이 헌법소원의 적법성에 미치는 효과

Appeal under the Administrative Litigation Act and Constitutional Complaint to the Constitutional Court are representative judicial procedures available to individuals whose rights have been violated by the exercise of public authority on specific facts. These Administrative Lawsuit and Constitutional Complaint are very similar in the circumstances that lead to the use of these procedures, including the object matter of the lawsuit and the grounds for the claim. Nevertheless, both Administrative Lawsuit and Constitutional Complaint only stipulate the ‘Exhaustion Requirement’ that administrative litigation must be filed first, and the ‘Object Matter Requirement’ that court decisions cannot be object to Constitutional Complaint. The remaining requirements are left to practice and legal interpretation. Consequently, after filing an Administrative Lawsuit, it is currently impossible to challenge the court decision itself or the disposition at issue in a Constitutional Complaint. At the heart of this conclusion lies the current legislative choice to prohibit Court Appeal. However, discussions to introduce ‘Court Appeal’ system, similar to Germany's, continue in Korea and remain a topic of discussion. Of course, the introduction, content, and procedure of a Court Appeal are legislative matters. Even so, within the current legal system, the operation of procedures that violate constitutional principles or the principle of guaranteeing fundamental rights should be sufficiently constitutional and rational, as long as they do not violate explicit legislative provisions. In other words, if Administrative Lawsuit is dismissed due to a lack of requirements for a lawsuit and Constitutional Complaint is denied due to a lack of Exhaustion Requirement or Object Matter Requirement, the applicant will not be guaranteed a single opportunity for a substantive trial, thereby violating the principle of guaranteed access to justice. Therefore, it is necessary to supplement the interpretation of requirements for a lawsuit to ensure maximum protection of judicial procedural rights between Administrative Litigation and Constitutional Complaint, even in public law disputes. This will allow for a harmonious resolution within the principle of guaranteed trial rights: the rational application of Exhaustion Requirement and the prohibition on Court Appeal, which often serve as the top priority in jurisdictional disputes between the Constitutional Court and the Supreme Court and sometimes lead to the allocation of jurisdiction between Administrative Litigation and Constitutional Complaint.