PART 1.
Introduction to Administrative Law

CHAPTER 01 | The Significance of Administrative Law / Guiding Principles / Courts
POINT 01.
The significance of administration
POINT 02.
Significance of administrative law
POINT 03.
Principle of rule of law in administration (legal conformity of administration)
POINT 04.
court (1)
POINT 05.
Court (2): General Principles of Administrative Courts

CHAPTER 02 | Administrative Legal Relations
POINT 01.
Parties to administrative law
POINT 02.
Distinction between public and private law relationships

CHAPTER 03 | Public Rights and Public Duties
POINT 01.
national public rights
POINT 02.
Personal public rights (subjective public rights)
POINT 03.
public duty
POINT 04.
Right to request administrative intervention and right to request exercise of discretion without fault

CHAPTER 04 | Legal Requirements and Legal Facts under Administrative Law
POINT 01.
Legal requirements and legal facts
POINT 02.
Administrative law cases
POINT 03.
Claim for return of unjust enrichment
POINT 04.
public legal act of a person

CHAPTER 05 | ADMINISTRATIVE LEGISLATION
POINT 01.
Overview of Administrative Legislation
POINT 02.
Administrative rules in the form of statutory orders / statutory orders in the form of administrative rules
POINT 03.
Administrative Basic Act provisions, etc.

CHAPTER 06 | ADMINISTRATIVE ACTIONS
POINT 01.
Concept of administrative action
POINT 02.
Types of administrative actions
POINT 03.
Discretionary and binding acts
POINT 04.
Defects in discretionary acts
POINT 05.
Judicial control of discretionary acts

CHAPTER 07 | Legal Administrative Acts 1: Imperative Administrative Acts
POINT 01.
Overview of Imperative Administrative Acts
POINT 02.
Order
POINT 03.
permission
POINT 04.
exemption

CHAPTER 08 | Legal Administrative Acts 2: Formative Administrative Acts
POINT 01.
patent
POINT 02.
impression
POINT 03.
deputy

CHAPTER 09 | Quasi-legal Administrative Acts
POINT 01.
check
POINT 02.
Notarization
POINT 03.
notice
POINT 04.
repair

CHAPTER 10 | Requirements for Administrative Actions and Application of Law
POINT 01.
Requirements for the establishment of administrative acts
POINT 02.
Validity requirements for administrative actions
POINT 03.
Legal requirements for administrative actions

CHAPTER 11 | EFFECT OF ADMINISTRATIVE ACTIONS
POINT 01.
Content binding force
POINT 02.
Fairness
POINT 03.
Durability (determinacy)
POINT 04.
Coercive power (self-enforcement power and sanctions power)

CHAPTER 12 | Defects in Administrative Acts
POINT 01.
The concept of defects and the point of judgment
POINT 02.
Non-existence of administrative action
POINT 03.
Invalidity and cancellation of administrative acts
POINT 04.
Reasons for invalidation and cancellation

CHAPTER 13 | Cancellation, Withdrawal, and Lapse of Administrative Actions
POINT 01.
Cancellation of administrative action
POINT 02.
Withdrawal of administrative action
POINT 03.
Lapse of administrative action

CHAPTER 14 | OTHER FORMS OF ACTION
POINT 01.
affirmation
POINT 02.
Contract under public law
POINT 03.
Joint acts under public law
POINT 04.
Administrative plan
POINT 05.
Administrative factual act
POINT 06.
Administrative map
POINT 07.
informal administrative actions
POINT 08.
Automatic decision-making in administration (automatic action in administration)
POINT 09.
Administrative action in the form of private law

CHAPTER 15 | Means of Ensuring Administrative Effectiveness
POINT 01.
Means of ensuring administrative effectiveness (means of ensuring performance of obligations)

CHAPTER 16 | Administrative Damages
POINT 01.
State compensation
POINT 02.
Compensation for loss
POINT 03.
Compensation procedures under the Public Land Act

PART 2.
Administrative litigation

CHAPTER 01 | Overview of Administrative Litigation
CHAPTER 02 | ADMINISTRATIVE ADJUDGEMENT
POINT 01.
Establishment of administrative adjudication
POINT 02.
Requirements for filing an administrative appeal
POINT 03.
The furniture system of administrative adjudication
POINT 04.
Administrative adjudication review
POINT 05.
Decision 1: Meaning, Procedure, and Content
POINT 06.
Decision 2: Effect
POINT 07.
Appeal against the decision
POINT 08.
notice
POINT 09.
Request for corrective action
POINT 10.
Utilization of electronic information processing organizations
POINT 11.
Establishment of the mediation system and the public defender system (partially revised in 2017)
POINT 12.
Comparison with administrative litigation

CHAPTER 03 | Overview of Administrative Litigation
POINT 01.
Opening
POINT 02.
Limitations of administrative litigation

CHAPTER 04 | Cancellation Litigation I (Concept, Litigation Requirements)
POINT 01.
The concept of cancellation suit
POINT 02.
Requirements for litigation
POINT 03.
Eligibility
POINT 04.
party
POINT 05.
Period for filing a lawsuit
POINT 06.
Pre-administrative adjudication
POINT 07.
Jurisdiction
POINT 08.
Transfer and Consolidation / Joint Litigation and Litigation Participation

CHAPTER 05 | Cancellation Litigation II (Litigation Subjects, Change of Claim, etc.)
POINT 01.
Litigation
POINT 02.
Review of cancellation lawsuit
POINT 03.
Furniture
POINT 04.
Change of cattle
POINT 05.
Final verdict
POINT 06.
Effect of the judgment
POINT 07.
Appeal/Retrial
POINT 08.
End of litigation

CHAPTER 06 | Invalidity Confirmation Suit
POINT 01.
Opening
POINT 02.
Relationship between a lawsuit for confirmation of invalidity and a lawsuit for cancellation
POINT 03.
Requirements for litigation
POINT 04.
Participation in litigation / Consolidation of claims / Amendment of lawsuit / Principle of stay of execution and stay of execution
POINT 05.
trial
POINT 06.
Effect of the judgment
POINT 07.
The binding force of the judgment in the nullity confirmation suit and the state compensation suit
POINT 08.
No judgment
POINT 09.
Third party's request for retrial

CHAPTER 07 | Lawsuit for Confirmation of Illegal Inaction
POINT 01.
Opening
POINT 02.
Requirements for litigation
POINT 03.
Participation in litigation / Consolidation of claims / Amendment of lawsuit / Principle of stay of execution and stay of execution
POINT 04.
trial
POINT 05.
judgment

CHAPTER 08 | Non-statutory Appeals
CHAPTER 09 | Issues Related to Appeals - Constitutional Petitions
CHAPTER 10 | Litigation between Parties
POINT 01.
Opening
POINT 02.
type
POINT 03.
Requirements for litigation
POINT 04.
Psychology / Verdict
POINT 05.
Case law related to redevelopment and reconstruction associations / Case law related to public land laws
POINT 06.
Right to claim removal of results

CHAPTER 11 | OBJECTIVE LITIGATION
POINT 01.
survey
POINT 02.
People's lawsuit
POINT 03.
Institutional Litigation

Appendix | Labor Attorney Exam Questions

preface

1.
Revisions to the 26th edition

My basic book was planned with the concept of 'single volume + efficient compression', and despite being the first edition, it has been loved by many, such as recording the number one sales in the administrative litigation law field several times. In addition, it has been confirmed that it is possible to achieve a high score with this basic book in the 25 years since its publication on the labor attorney exam.

We would like to express our sincere gratitude to all of our test takers for their support. This 26th edition has been upgraded as follows to further enhance its suitability for the test.

(1) In order to achieve a significantly higher score, the content of the text has been supplemented, the logical flow has been strengthened, and the facts of major precedents have been reinforced, eliminating the need to refer to a separate casebook and enabling better preparation for case problems.
(2) We have reflected the upgraded contents through case studies and lecture materials since the publication of the 25th edition of the basic book in this 26th edition of the basic book, pursuing a more thorough single-volume system.
(3) Considering the increasing importance of recent case law in exam questions, the latest case law from the 25th edition has been significantly updated.
(4) Reflects the latest revisions to major laws and regulations, including the Basic Administrative Law.
(5) Edited in full color to improve readability.
We have diversified the colors to increase visibility and applied each color consistently to facilitate organization.
(6) Two letters are indicated in the text.
The point I made in my lectures about organizing the two letters is that I have highlighted those letters in blue bold gothic font in the text of this book.
(That is, the parts of the text where only one letter is bolded are two letters.) By using two letters in the right places, you will be able to clearly establish the framework for confusing arguments, drastically save memorization time, and greatly improve the speed and accuracy of answer writing.
(7) The table of contents has been revised to a format more familiar to test takers and the size and spacing have been adjusted to make the order of the table of contents more intuitive and improve readability.
(8) A table of issues from past labor attorney exams has been added as an appendix at the end of the book to help you understand the issues from past exams at a glance.


In addition, the features and advantages of the existing version are maintained and developed as follows.

2.
Features of this book: Single volume
From the days of the old bar exam to the current labor attorney exam, many test takers have been working on "single-volume" studies, synthesizing the content of various textbooks and materials into a single main textbook.
However, the process of compiling a single volume is only a preparatory step for full-scale exam study, and it cannot be said to be optimal study in itself for the exam. In such cases, we see unfortunate cases where students spend too much time and effort compiling the single volume and end up going to the exam without being able to properly digest the book.
Accordingly, we have tried to make this book into a book that does not need to be further divided into single volumes.
In other words, to save you your precious time, this book is a compilation of my experience as a test taker, lecturer, and practical worker, written on your behalf.
So, you no longer need to worry about and waste time on single-volume study; you can just focus on studying the content organized in this book.
(Of course, practice writing answers using case studies will be necessary separately) In fact, all the problems from the 25 years of labor attorney exams administered after the first publication of this book were covered by this book, and in particular, even in the case of the three questions that many test takers had difficulty with (because they were not well introduced in other textbooks), the relevant case law was included in this book as an A-grade case.
If I were to take the Administrative Litigation Law exam next year, I can tell you that I would take the exam with this book, which I have compiled into a single volume.

3.
The purpose of this book: high scores
This book is a 'basic textbook on administrative litigation' written with the goal of achieving high scores in the Administrative Litigation Act for Labor Attorneys.
To get a high score, you need to write good answers in the actual exam, and the answers are structured as “point presentation - general theory (theory/case law/review) - inclusion.”
Therefore, this book is divided into the main text and case law boxes to help test takers write well on “Argument Presentation - General Theory (Theory/Case Law/Review) - Inclusion” and get high scores. It is structured so that ① the main text faithfully covers the general theory (theory/case law/review), and ② the case law boxes faithfully cover the argument presentation and inclusion.

4.
Structure of the text

go.
Organize it so that it can be used as an answer
The main text of this book focuses on the content to be used in the general theory (theory/case law/review) section of the answer sheet, and pursues a description that can be ‘translated into an answer sheet as is.’
In other words, students do not need to organize the content separately; they can simply write down the information as it is organized in the main text of this book on the answer sheet. Attention was also paid to the expression so that students can easily recall and write down the content.
(However, in some cases, explanations have been added for the convenience of understanding.) By directly citing the expressions in this book in the separately published casebook, we will ensure compatibility between the two books and enhance the synergy effect of your studies.

me.
Itemization for clear memory
The Labor Attorney Administrative Litigation Law Exam is a descriptive exam.
It is not enough to just 'know' the content; you must be able to write what you know on the answer sheet.
However, if the content is simply written in a textbook, it may seem like the flow is continuous and easy to read, but when you actually close the book, you often feel that only a vague afterimage remains and it is difficult to write it down on the answer sheet.
It is not easy to clearly and completely remember what you read, and it is even more difficult to write it down on the answer sheet.
So, by breaking down the content into sentences and categorizing them, this book allows you to more clearly remember, "When this point comes up, I need to write about this content."

all.
Compression for quick reading
Since the answer sheet should be written in sentence form, this book describes it in sentence form, but condenses the endings based on the vowel sound or omits the endings to the extent that it does not interfere with understanding.
Those who are new to this narrative style may find it a bit unfamiliar, but you will quickly get used to it, and this will be a great help in increasing your reading speed in the latter half of the exam.

la.
Rich examples, comparisons, and cautions
By providing a wealth of examples related to the content in a separate section called “Example,” we have enabled you to naturally prepare for case studies.
Additionally, areas where confusion or mistakes may occur were highlighted with “Compare” and “Caution” marks.

mind.
It faithfully reflects the recently introduced Basic Administrative Law and Administrative Litigation Rules.

5.
Composition of case law

go.
For perfect argument presentation and inclusion
Recently, questions on the Labor Attorney Administrative Litigation Act are presented only in case-based format, and most of the cases are based on precedents.
In the case of case problems based on specific precedents, if you know the case itself, you can immediately grasp the argument, and by utilizing keywords from the case, you can write a much richer and more detailed essay.
Accordingly, this book focuses on case law that can be tested in a case law box separate from the main text, allowing for effective study of the 'point presentation' and 'inclusion' sections of the answers.
The features of the case law box are as follows:

me.
Rich yet efficiently compressed case law
The Labor Attorney Exam only covers administrative litigation law among administrative laws, so the scope of the exam is much narrower than other exams. However, to avoid duplication within this narrow scope, it is highly likely that the questions will become more in-depth each year, so it is necessary to study case law extensively.
Accordingly, the case law box in this book contains as many case laws as possible that can be used as examples.
However, if a large number of case laws are included, the volume will increase, which may lead to a problem of taking a long time to read, so this book has summarized the case laws.
In other words, we have tried to summarize as efficiently as possible, focusing on keywords that should appear in the answers, so that the case law is richer than in existing textbooks, while ensuring that the overall volume is not larger than in existing textbooks.

all.
Gothic notation, grade notation, case title, comparative case
In the compressed case law as above, the more important parts are written in Gothic and the rest in Ming, enabling faster reading centered on Gothic.
Furthermore, for students who are pressed for time, we have marked the importance of case law.
Cases that have already appeared on the labor attorney exam or other exams are marked as S-level, and other case studies are classified as A-level, B-level, C-level, and no-level in order of likelihood of appearing on the exam. Relatively recent case studies are marked as N-level.
(Unranked is for use against fire.)

Additionally, to make important precedents more clearly visible, S-class and A-class precedents are given titles in principle.
In some cases, keywords and conclusions of case law were used as titles, and in other cases, elements that serve as crucial clues for understanding and memorization were actively used to create titles. In particular, in the latter case, colloquial and humorous expressions were boldly used to make the book unforgettable even after only one viewing.
In addition, S-class and A-class precedents go beyond simply marking key content in Gothic, and highlight even more important keywords in the Gothic portion in blue bold Gothic.
Meanwhile, case laws that may be confusing or related have been organized together with “comparison” and “related” marks.

la.
Logical flow and concretization
We've included not only the conclusions of the case law, but also the flow of logic and key keywords that led to those conclusions, helping you build a foundation for a more thorough understanding.

Furthermore, for precedents that may arise as issues, the *facts, *the original court's judgment, *the Supreme Court's judgment, etc. are listed in more detail in square brackets below the main text, and in cases where the volume is large, important parts are underlined.
This allows the book itself to also serve as a collection of case law, further fulfilling the goal of 'making it a single volume that can be read in one go.'

6.
Special appendix, judge's note
In my lectures, I structure and visualize topics that require special understanding into simple pictures and present them in the form of notes on the board or in PPT. I have organized these visualized materials into a separate appendix called "Notes on the Board," so that you can focus solely on the lecture content without having to take notes during class.
(For the features of the judge's note, please refer to the preface of the judge's note itself.)

7.
In conclusion
I would like to express my deepest gratitude to President Jeong Sang-hoon, Director Jeon Byeong-ju, and Design Team Leader Shin A-reum of Goseongsa, who took charge of publishing this book.
I hope that everyone who uses this book will experience the glory of passing the exam.

2025.
10.
Park Jae-in Dream