2023년 행정법(Ⅱ) 중요판례평석 = Analysis of Major Cases on Administrative Law(Ⅱ) in 2023

다국어 초록 (Multilingual Abstract)

This study aims to review the contents and meanings of 10 notable precedents in the field of individual administrative law which were decided in the Supreme Court in 2023.
The precedents selected are as follows: ① Scope and limits of municipal ordinance(Supreme Court Decision 2022Chu5149 Decided July 13, 2023), ② Extension of the retirement age for each rank and its scope under the 「Military Personnel Management Act」(Supreme Court Decision 2020Du53545 Decided March 13, 2023), ③ Criteria for the ‘normally accepted range’ in which receipt of money and goods is exceptionally permitted under the 「Improper Solicitation And Graft Act」(Supreme Court Decision 2022Du59783 Decided March 30, 2023), ④ Provision of legal fiction as public officials and scope of application of Article 66, Paragraph 1 of the 「State Public Officials Act」(Supreme Court Decision 2021Da254799 Decided April 13, 2023), ⑤ Determination of qualifications for members of the association among multiple owners of a plot of land or structure in a reconstruction project(Supreme Court Decision 2022Du56586 Decided June 29, 2023), ⑥ Regulation on the increase in the number of owners of a plot of land or structure through the ‘Dividing Shares’ method at the stage of establishing a redevelopment association(Supreme Court Decision 2022Du51901 Decided August 18, 2023), ⑦ Relationship between acceptance of notification of building construction under the 「Building Act」 and permission for changes in the form and quality of any land under the 「National Land Planning And Utilization Act」(Supreme Court Decision 2022Du31143 Decided September 21, 2023), ⑧ Determination of repeated unjust interference as a disruption of educational activities(Supreme Court Decision 2023Du37858 Decided September 14, 2023), ⑨ Cancellation of permission for incorporation of juristic person due to disseminating leaflets against North Korea(Supreme Court Decision 2023Du30833 Decided April 27, 2023), ⑩ Reversal of the presumption of disadvantageous measures due to whistleblowing disclosure(Supreme Court Decision 2022Du66576 Decided June 15, 2023).