청문절차를 결여한 침해적 행정처분의 위법성 ( 대법원 2001 . 4 . 13 . 선고 2000 두 3337 판례를 중심으로 ) = The Illegality of a Disadvantaged Administrative Disposition without a Hearing Procedure - Laying Stress on a Judicial Precedent by the Supreme Court -

다국어 초록 (Multilingual Abstract)

This paper is a comment of the judicial precedent of the Supreme Court concerning a disadvantaged administrative disposition without a hearing. This paper questions the legality at this procedure. In this case, an administrative agency as a defendant has ordered to cancel his licence for a games room without a hearing procedure because he violated a law. The Plaintiff insisted that an agency disposition without a hearing invalidate, the Supreme Court agreed with the plaintiff`s argument in its decision. That`s why the agency should have held a hearing before disadvantaged disposition to the plaintiff. But the agency as defendant insisted that it had done its job by observing the rules and sending two notices and appealing against the decision on an advertisement. And higher court also agreed with the opinion of defendant. I think it is natural that the administrative agency should perform a hearing procedure as the rules provide when the agency makes a disadvantaged disposition, but the agency can make an administrative disposition without a hearing procedure if it follows the rules faithfully. This paper is written for the following; instruction, analysis of the Supreme Court, exceptional reasons of the hearing procedure, and conclusion.