A Study of Theories and Precedents on the Defect Succession of Administrative Act
This article is to study the theories and the precedents which handle if the defect of the preceding act could be succeeded to the following act and whether the illegality of the following act could be disputed for that.
As to the succession of the defect of the administrative act, there are three theories, such as the traditional one, which acknowledges it, another theory which admits it critically, and the other one which is called the Legally Binding Power theory arguing a new contention. All of them, however, have only partial validity.
In the meantime, some precedents of the Supreme Court are surely seeking solutions with concrete validity, accepting parts of the "Legally Binding Power theory". Therefore we are responsible for erecting a consistent theory before criticizing the Court for being inconsistent.