고시의 법적 성격과 쟁송 방법

초록

Although the notice is frequently used in administrative practice, the problem of the legal nature of the notice and the method of dispute is not clear in the theories and the precedents. Notices are usually used to mean notices or announcements to inform the general public of certain facts, but notices are often used as administrative rules or ordinance commands with general or abstract character, If it has personality, it is also equivalent to administrative disposition. The method of filing an illegitimate notice is also not uniform. As noted above, as the notices are used in a wide variety of ways and functions in administrative practice, the method of dispute resolution is different for each case. Furthermore, differences in the structure of the courts and the Constitutional Court and in the structure of the judiciary may lead to significant differences in the manner of dispute. In the Constitutional Court decisions, there is a logical contradiction with the requirement of directiveness. In particular, in order to argue the exercise of public authority by the administrative rules, the use of the doctrine of the self-restraint rule of the administration is not right. There is a danger, to make it meaningless the distinction between the legislative rule and the administrative rule. Although the Supreme Court has strictly distinguished the notices of normative form from the notices of disposition form, it prescribes them as statutory orders. However, when considering the various characteristics of the notices, the strictly controlled method of this disagreement does not conform to the nature and content of the notices. It is not easy to set specific standards when diversifying control methods of normative forms. But I think establishing a method will be a desirable long-term problem-solving direction.

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