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The protection prescription theory in administrationsuit law and the third party’suit

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 24(), pp.213-230
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

薛桂景 1

1한국외국어대학교

Accredited

ABSTRACT

This dissertation is contents about the protection description theory and the third party’ suit in administration suit law. The public right was not much given to the individual in the past and so although right and benefit were invaded to individual, they were only reflexive benefit. But today the individual public right is being extended due to the extension of public right, and also the matter of the third party’s benefit protection is being extended.This dissertation deals with specially the third party’s plaintiff legitimacy in administration suit law. That is, the first chapter deals with the individual public right and protection prescription, the second chapter does the protection prescription for the third party and the protection matter of basic right, the third chapter does the plaintiff legitimacy in administration suit law, the fourth does the extension tendency of benefit in law, finally the fifth chapter does the conclusion.In short, today specially in the fields of construction law, environment law, and economy law the approval and license act of administration office functions as the act that affects the third party. The act that affect the direct party appear as disadvantagious legal effect to neighbor and competition party in harm and benefit disposal of the approval and license. That is a problem. For this, although the third party’suit appears as a problem, it is not easy for us to find the explicit regulation protecting the third party’s benefit in the related law. Accordingly, like Germany, our country has to try to make efforts to compensate for these defects through the direct adoption of the constitution’s the basic articles or the order theories for third party consideration in the case that the protections are demanded constitutionally.

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