A Study on the Subjects of Appeals Suit and Constitutional Complaints: Focusing on the changes in the public legal rights remedies system resulted from the tendency to expand the disposability

Appeals Suit and Constitutional Complaint is known as separate systems in which different judicial bodies(General courts and the Constitutional courts) have jurisdiction with different requirements, procedures, effects, and functions. However, both systems have important commonalities in terms of the judicial system for controlling the exercise of governmental power and relieving the rights of people. They currently form the centerpiece of the judicial remedies in public law. Therefore, understanding the relationship between the two systems and examining the boundaries has become a subject of continuous interest in the public law academia. Recently, such discussion has drawn more attention as the general courts actively expanded the category of appeals suit, driven by various social changes including competition with the constitutional court. The consideration on the inclusion of the subject of appeals suit and constitutional complaint is regarded as an essential topic of discussion, being a reference point for establishing the relationship and boundary between the two systems. This study aimed to examine the subjects of ‘appeals suit’ and ‘constitutional complaints' based on the awareness of the problem of establishing the relationship between ‘appeals suit’ and ‘constitutional complaint’. ‘Disposition’, which is the subject of appeals suit, and ‘exercise or non-exercise of public power’, which is the subject of constitutional complaints, were examined with consideration of the correlationship and interoperability between the two. The underlying tendency of the general courts to widely acknowledge the range of disposition has also affected the subject of constitutional complaints that are normatively interoperated, which resultantly caused significant changes in the overall judicial remedy system in the event of a violation of the people's public legal rights by the action of public power. The efforts of the general courts and the Constitutional Court are required to establish a public legal remedies system to guarantee the maximum extent of public legal remedies.