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Amendment of Prerequisite for Standing to Sue of a third party in Japanese Administrative Litigation Act and the Trend of Trial - Focusing on the comparison with precedents of Korea -

  • DONG-A LAW REVIEW
  • 2014, (62), pp.89-124
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Cholho Choi 1

1청주대학교

Accredited

ABSTRACT

Japan legislated factors to be considered in making a judgment on the standing to sue of a third party(a neighborhood resident etc) not the other party who was given an administrative disposition in the Clause 2 by amending the Article 9 of the Administrative Litigation Act in 2004. This study aims to examine how widely Japanese Supreme Court acknowledges standing to sue of a third party by reflecting considerations of Clause 2 of the Article 2 before amendment of the act, and makes a comparative review of the Supreme Court precedents on the scope of standing to sue of a third party in the administrative disposition in Korea with precedents of Japan based on the foregoing. Although Korea has a regulation on the standing to sue of a third party in the administrative disposition which is similar to Japan’s before amendment, the Supreme Court has already rendered a verdict that widely acknowledges standing to sue of a third party, suggesting a conclusion that amendment of regulation like Japan is considered unnecessary as a conclusion.

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