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A Study on the Method of Expansion of Standing to Sue

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.611-629
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Seol Kye Kyoung 1

1영산대학교

Accredited

ABSTRACT

Article 12 of the Administrative Litigation Act stipulates standing to sue for a cancellation suit is "a person with a legal interest". The plaintiff eligibility theory of administrative litigation was influenced by civil litigation and current Administrative Litigation Act reflects these. However, the scope of the plaintiff is too narrow in this law, therefore ‘those who have legal profits’ should be amended, and at the same time the scope of the plaintiff should be broadened. As a result, in the amendment of the Administrative Procedure Act, it is intended to revise the plaintiffs qualifications as those who have a legal interest as those who have a legitimate interest or those who claim that their rights are violated. These discussions have been going on for decades, but it is not decided. Today, administrative functions are more active than in the past, meanwhile the area of administration is getting stronger and expanding. If we consider this reality, the criteria for eligibility of plaintiffs should be appropriately changed in accordance with specific matters. In this paper, I examined the trends of the theories and precedents of our country about the plaintiff eligibility, and examined. foreign countries. At the same time, I examined views of scholars on ‘those who have a legitimate interest’, which is a revision of the Administrative Litigation Act, and suggested a solution for that.

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