民衆訴訟의 實務的 接近과 展望 = The Practical Approach and Prospect of Popularlitigation

다국어 초록 (Multilingual Abstract)

One of the impending subject of the code of judicial procedure in welfare state is to develop the collective litigation because of the needs to settle the collective dispute, to guarantee the people's right in welfare state, to settle judicial of the collective dispute, to make the technigue in the judicial procedure of the collective litigation and to generalize the pouplaitigation. The impending subject is not to introduce foreign collective litigation system, but to progress our popularlitigation system as a collective litigation system. From now on, we have emphasized to introduce the foreign one without studying our populalitigation system.
But to introduce and use the unfamiliar foreign one will make the various difficult problems, the rule of trial and error, difficulty of rooting the foreign one in our law system, and the double collective litigation system with our one. Popularlitigation is the essentially subjective objective litigation. The litigation for common interest settling collective dispute, we are familiar with it and we had better imploy it.
The question with the pouplarlitigation is that has the essence of the collective litigation as foreign one. Theessence of the foreign one is subjective one, collective one, legal one, on the contrary, the essence of our popularlitigation is object one, common interests one, non-legal one. But the object one is from calling the subject one for the right and legal interest one. and calling the object one for vertual interest and lawfulness one, the latter one is subjective objective litigation as foreign one. Commoninterest one, is to give standing without the mandating form damaged persons and the essence of standing is same as foreign one Non-legal one is from calling the legal one for the right and legal interest one, and calling the non-legal one for vertual interest and lawfulness one, the latter one is legal one as case or controversy' of foreign one. So, the subject one, colective one and the legal one of the foreign one is equal with the object one, commoninterest one and non-legal one of our popular litigation.
The popularlitigation is not only one of the collective litigation, but also there ar difficult problems of it than those of the subject one in legal procedure. When we provisions of popuplarlitigation in the administrative legal procedure, the popularlitigation is very different from the subjective litigation in the essencial, standying and judgement validty, but there are few difference, between them in other procedure. That is to say, the essence of popularlitigation is the objective one, common interest one and non-legal one, but the studying of it is recognized without mending from damaged persons, in the trial of it, authorized detection is allowed widely and the conversion of proof responsiblity and reduction is recognized, finally, the world validity of the judgement is recognized not only in the protest litigation, but also in two party litigation.

목차 (Table of Contents)

• Ⅰ. 序說
• Ⅱ. 民衆訴訟의 槪念
• Ⅲ. 民衆訴訟의 類型
• Ⅳ. 民衆訴訟의 提起節次
• Ⅴ. 民衆訴訟의 審理節次
• Ⅵ. 民衆訴訟의 判決節次
• Ⅶ. 結語