2025년 행정법(I) 중요판례평석

The Supreme Court handed down various types of judgments in the field of administrative law during the year from January 1, 2025 to December 31, 2025. This paper examines 13 of the most important administrative law(I) cases handed down by the Supreme Court in 2025, focusing on the areas of administrative action law and administrative remedy law, excluding the area of administrative legal theory. It is neither a comprehensive analysis of each case nor an in-depth review of a specific case. This article reviews important Supreme Court cases that are worthy of legal and academic review. The controversial administrative precedent ruling of 2025 is Supreme Court Decision 2023Du47411, rendered on June 5, 2025. In this ruling, the Supreme Court held that while procedural violations generally render an administrative disposition defective, such defects can be cured through subsequent procedural compliance—specifically, by requesting a reconsideration by the competent authority and imposing a new disciplinary action. The Court further stated that even if the prior disposition has been finalized and executed, it can be revoked and a new disposition issued. This conclusion favors administrative agencies and is seen as a retreat from judicial oversight of due process, leaving room for criticism. The following two precedents are also somewhat controversial. First, the Supreme Court’s February 27, 2025, ruling (2024Du47890) concerning a public law contract has the problem of categorizing it as a public law contract without any argument regarding the distinction between private law contracts and public law contracts. Additionally, the Supreme Court’s June 26, 2025, ruling (2022Da242649) concerning defamatory remarks by a member of the National Assembly is also problematic. 2025. 6. 26. 2022Da242649, even when the plaintiff claimed tort liability under the Civil Code, the court failed to examine whether the remarks fell within the scope of the National Assembly member’s immunity privilege or, even if outside that scope, whether they constituted an official act. Instead, it simply applied tort law under the Civil Code, which is also problematic. Among the Administrative Law (I) rulings handed down by the Supreme Court in 2025, those concerning the Administrative Litigation Act generally pose no significant issues from a rights-remedy perspective. However, while the recovery of educational research funds from national universities may violate the principle of legal reservation and raise questions about its legal basis, the recognition of the dispositive nature of the recovery order, thereby enabling it to be contested, is noteworthy for providing substantive rights remedies. Above all, the Supreme Court’s ruling 2024Du57996, handed down on February 13, 2025, significantly broadens the standing of third parties to sue, making it a highly significant decision. The discussion is divided into the Administrative Action Act (II), the Administrative Procedure Act the Information Disclosure Act (III), the State Compensation Act (IV) and the Administrative Litigation Act (V).