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Analysis on the Operational Status of Residents’ Lawsuits

  • Korean Society and Public Administration
  • Abbr : KSPA
  • 2019, 30(2), pp.165-194
  • Publisher : Seoul Association For Public Administration
  • Research Area : Social Science > Public Administration
  • Published : August 31, 2019

Hye-Young Ha 1

1국회입법조사처

Accredited

ABSTRACT

This study aims to draw the political implications by analyzing the operational performance of residents’ lawsuits. To achieve the goal, the operational status, court results, and social impacts were analyzed through the 36 cases that were closed for thirteen year period between January 2006, the first enforcing year of the residents’ lawsuit, and December 2018. The results showed that plaintiff won only one case in residents’ lawsuits against defendants among 36 cases and the remaining cases were one withdrawal, five rejects, and 29 losses. While the resident lawsuits have not been frequently utilized and most of the litigation results have been lost by the residents, there have been social ripple effects, such as changes in related systems or projects due to the process or results of the resident lawsuits. In order to improve the system in the future, the courts need to alleviate the strict application of illegality, and a way to alleviate the burden of attestation on the plaintiffs who are residents. It is also necessary to discuss the improvement of residents’ request for inspection system, which must go through before the lawsuit. Lastly, relevant regulations should be set in more detail by enacting the relevant law for residents’ lawsuit or revising the local autonomy act.

Citation status

* References for papers published after 2022 are currently being built.