取消訴訟과 訴의 利益 = Adimistrative Litigation and Interest to Sue

다국어 초록 (Multilingual Abstract)

Adimistrative litigation is what is called a procedures for the litigation concering cancellation or alternation of illegal action committed by an adimistrative agency. It is a general principle of procedure, whether in civil or adimistrative case, that plaintiff must have some personal interest in the proceedings:'pas d'interet, pas d'action'. The concept of standing to sue is who has the capacity to challenge the illegality of adimistrative action in lawsuit, of which is consisted on aspect of interest of lawsuit in broader meaning. To be qualified standing, plaintiff has to show that he has a interest propected by Constitutional Law, statute or law, which was adversely affected by agency action. Section 12 of Adimistrative Litigation Act(1985) provides that those who has a "legal interest" to seek the cancellation of adimistrative action has a standing. But the concept of "legal interest" is ambiguous.
In this connection, this paper focuses its angle on the Interests to Sue in Judicial Review. This paper is organized as follows;
Ⅰ.Introduction
Ⅱ.An object of Adimistrative Litigation
Ⅲ.Standing to sue
Ⅳ.Interest to sue(a narrow sense)
Ⅴ.Conclusion

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ. 취소소송의 대상
• 1. 실정법상의 규정
• 2. 학설의 검토
• 3. 판례의 태도
• Ⅲ. 원고적격
• 1. 실정법상의 규정
• 2. 학설의 검토
• 3. 판례의 태도
• Ⅳ. 취소의 이익(협의의 訴의 利益)
• 1. 실정법상의 규정
• 2. 학설의 검토
• 3. 판례의 태도
• Ⅴ. 검토