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행정소송에서의 재량행위에 대한 사법심사사유

Author
최선웅
Journal Title
행정법연구
Publication Year
2019
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Summary

This paper discusses judicial review grounds for discretionary acts in administrative litigation, analyzing the practical benefits of distinguishing between abuse of discretion and exceeding jurisdiction, as well as the precedents. It particularly focuses on the impact of the distribution and difficulty of proof burden on the success of litigation under the adversarial principle of Korean administrative litigation, arguing that classifying judicial review grounds for discretionary acts as exceeding jurisdiction is advantageous for the plaintiff.

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