公法上의 結果除去請求權 = The Remedy of Nullifying the Consequences

다국어 초록 (Multilingual Abstract)

Along with the known remedy of compensation or damages, German law has developed the remedy of nullifying the consequences of a breach of duty on the part of the administrative authorities. In a case just after World War II a house was attached on administrative authorities and allotted to a tenant. On the sit of the owner the attachment was set aside but the tenant continued to occupy the house. Otto Bachof argued that on the invalidation of the attachment the owner was entitled to get the vacant house to nullify the consequences of illegal attachment. In a decision of 25 August 1971 the Federal Administrative Court has held that the remedy of nullifying the consequences has its basis in the Basic Law which can be found in the right to freedom or in the requirement of legal basis for any act and can be availed not only against the executed administrative acts but also against simple administrative activities. It can be a be a basis for asking the withdrawal of a defamatory statement in the public law area, or protection against emission from the public enterprises. It may also be availed to set aside the continuing consequences of on illegal act.
It is generally accepted in our country that 'the Remedy of Nullifying the Consequences' is assigned to the administrative between-parties. But, on the basis of voices of fait, we can conclude that the remedy can be relieved by the civil courts.

목차 (Table of Contents)

• Ⅰ. 結果除去請求權의 槪念 및 法的 性質
• Ⅱ. 結果除去請求權의 法的 根據
• Ⅲ. 結果除去請求權의 成立要件
• Ⅳ. 結果除去請求權의 內容
• Ⅴ. 結果除去請求權의 範圍
• Ⅵ. 結果除去請求權 우리나리에서의 현황
• Ⅶ. 結果除去請求權의 行使
• Abstract