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@article{ART001427116},
author={LEE SANG CHEON},
title={A Legislative Study for the setting of the Locus Standi to the Trial by Administration},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2010},
number={46},
pages={69-120}

TY - JOUR
AU - LEE SANG CHEON
TI - A Legislative Study for the setting of the Locus Standi to the Trial by Administration
JO - DONG-A LAW REVIEW
PY - 2010
VL - null
IS - 46
PB - The Institute for Legal Studies Dong-A University
SP - 69
EP - 120
SN - 1225-3405
AB - More than 20 years have passed since the legistlation of the law of administrative trial which defines the locus standi as ‘who has interest in law’. Even though there have been little objection to the revision of the above provision, the expression ‘who has interest in law’ exists still as it is. There have been severe cotroversies whether the legistlation of locus standi of the law of administrative trial has error or not, concerned with the legistlation of locus standi. But Almost all the people agree to the enlargement of locus standi of administrative lawsuit. The crucial error of the legistlation of locus standi is that the law of administrative trial has strong self-cotradictory regulations(Article 1 and Article 9) in itself which don't agree with each other. The Article 1 describes the trial subject as both of illigality and injustice, but The Article 9 describes the locus standi as 'who has interest in law'. This means that all the interests in fact are excluded from protection, because the injustice doesn't go with the concept of interest in law and it doesn't consist with the infringement of right. Thus, all the those who have only interest in fact can't take objection to the injustice. It is not the true purpose of the law of administrative trial. We are under the substantive rule of law by our constitutional law. All the legal rights should be able to be protected through the legal process. But only those ‘who has interest in law’ can be protected through the administrative lawsuit. In reality, it is common that the legistlation of law is not carried out to take the all the interests into account. If the legistlation doesn't rule some interest, it can't be protected. The legistlation designate the sorts of interest which can be proteceted or not. There exist some interests which can't be protected. This result isn't consistent with the true meaning of the above substantive rule of law. Unlike the law of administrative lawsuit, the law of administrative trial rules both of illigality and injustice. The injustice is concerned with interest in fact. But the above law describes the locus standi as 'who has interest in law'. Thus all the interests in fact is ruled out of the adaption of the law. The above Article 9 of the law of administrative trial should be revised at once. The locus standi should be expressed like ‘who has interest worth protecting’. The administrative trial should be used by even those who have only interest in fact.
KW - interest in law;locus standi to the administrative trial;administrative trial;infringement of right;interest worth protecting;injustice
DO -
UR -
ER -

LEE SANG CHEON. (2010). A Legislative Study for the setting of the Locus Standi to the Trial by Administration. DONG-A LAW REVIEW, 46, 69-120.

LEE SANG CHEON. 2010, "A Legislative Study for the setting of the Locus Standi to the Trial by Administration", DONG-A LAW REVIEW, no.46, pp.69-120.

LEE SANG CHEON "A Legislative Study for the setting of the Locus Standi to the Trial by Administration" DONG-A LAW REVIEW 46 pp.69-120 (2010) : 69.

LEE SANG CHEON. A Legislative Study for the setting of the Locus Standi to the Trial by Administration. 2010; 46 : 69-120.

LEE SANG CHEON. "A Legislative Study for the setting of the Locus Standi to the Trial by Administration" DONG-A LAW REVIEW no.46(2010) : 69-120.

LEE SANG CHEON. A Legislative Study for the setting of the Locus Standi to the Trial by Administration. DONG-A LAW REVIEW, 46, 69-120.

LEE SANG CHEON. A Legislative Study for the setting of the Locus Standi to the Trial by Administration. DONG-A LAW REVIEW. 2010; 46 69-120.

LEE SANG CHEON. A Legislative Study for the setting of the Locus Standi to the Trial by Administration. 2010; 46 : 69-120.

LEE SANG CHEON. "A Legislative Study for the setting of the Locus Standi to the Trial by Administration" DONG-A LAW REVIEW no.46(2010) : 69-120.