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@article{ART001450044},
author={Jaehyun Park},
title={The problem and reform measure of the relief system about the damages to the environment},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2010},
number={47},
pages={125-152}

TY - JOUR
AU - Jaehyun Park
TI - The problem and reform measure of the relief system about the damages to the environment
JO - DONG-A LAW REVIEW
PY - 2010
VL - null
IS - 47
PB - The Institute for Legal Studies Dong-A University
SP - 125
EP - 152
SN - 1225-3405
AB - When the rights and interests of the people are violated in the environmental administration, there are the method of relief of the public law and private law. But I will only review the method of relief of the public law. When the interests and the right of the people are violated, the people can be relieved by the means of the appeal for performance of duty, the trial on the revocation, the litigation for revocation, the litigation for affirmation of illegality of omission etc., and the law of state compensation. The disposition etc. of the administrative agencies must be existed in order to institute a suit the litigation for revocation. The litigation for revocation can be instituted by the person having statutory interests. In France, there is the recours pour excès de pouvoir which is similar to the litigation for revocation of Korea. The recours pour excès de pouvoir is the litigation for the purpose of the revocation of illegal administrative disposition. Because that litigation of France is objective litigation, the range of the standing to sue is large. I think that we must admit the system of France. If we admit the system of France, we may control the legality of the administration. In Korea, there is not class action, but I think that if the collective interests of the people are violated, they can be relieved by the means of the class action.
KW - provisional relief;suspension of execution;class action;standing to sue;environment
DO -
UR -
ER -

Jaehyun Park. (2010). The problem and reform measure of the relief system about the damages to the environment. DONG-A LAW REVIEW, 47, 125-152.

Jaehyun Park. 2010, "The problem and reform measure of the relief system about the damages to the environment", DONG-A LAW REVIEW, no.47, pp.125-152.

Jaehyun Park "The problem and reform measure of the relief system about the damages to the environment" DONG-A LAW REVIEW 47 pp.125-152 (2010) : 125.

Jaehyun Park. The problem and reform measure of the relief system about the damages to the environment. 2010; 47 : 125-152.

Jaehyun Park. "The problem and reform measure of the relief system about the damages to the environment" DONG-A LAW REVIEW no.47(2010) : 125-152.

Jaehyun Park. The problem and reform measure of the relief system about the damages to the environment. DONG-A LAW REVIEW, 47, 125-152.

Jaehyun Park. The problem and reform measure of the relief system about the damages to the environment. DONG-A LAW REVIEW. 2010; 47 125-152.

Jaehyun Park. The problem and reform measure of the relief system about the damages to the environment. 2010; 47 : 125-152.

Jaehyun Park. "The problem and reform measure of the relief system about the damages to the environment" DONG-A LAW REVIEW no.47(2010) : 125-152.