Lee, Hee-Jung --- "Administrative Litigation in Korea: Structures and Roles in Judicial Review" [2010] ELECD 259; in Cho, Kuk (ed), "Litigation in Korea" (Edward Elgar Publishing, 2010)

Book Title: Litigation in Korea

Editor(s): Cho, Kuk

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443396

Section: Chapter 9

Section Title: Administrative Litigation in Korea: Structures and Roles in Judicial Review

Author(s): Lee, Hee-Jung

Number of pages: 24

Extract:

9. Administrative litigation in Korea:
structures and roles in judicial review
Hee-Jung Lee

I. INTRODUCTION
The institution of `administrative litigation' of a country reflects the country's
constitutionally defined separation of powers and the checks and balances
among the various branches of its government. Thus, an examination of the
actual practice of administrative litigation in a country reveals how power is
allocated within that country and gives insight into the role of each branch in
realizing the rule of law. Further, such an examination can also reveal the
status and role of the `citizen' in the political community, both in normative
and descriptive dimensions. Through administrative litigation, a citizen can be
a defensive claimant for his legal rights and an aggressive participant in legal
control of administrative power.
Generally, the above issues are crystallized in the legal doctrines of judicial
reviewability and scope of review in administrative litigation. Judicial
reviewability decisions are based on the following questions: what type of
administrative acts will be subject to judicial review?; who is entitled to
request judicial review of administrative decisions?; what kind of judicial
intervention is allowed? Issues relating to scope of review mainly concern `to
what extent courts should respect administrative decisions.'Another important
issue concerns `who is to decide the above issues in concrete cases.' Though
courts will have the final say, Congress also has the power and ability to
decide the limit of judicial review if it so chooses.
One of the distinctions of practices and theories of ...