환경행정소송과 원고적격 = 대법원 2012. 7. 5. 선고 2011두13187 판결의 비판을 중심으로

다국어 초록 (Multilingual Abstract)

Recently, Supreme Court of Korea denied the standing to sue of the area residents in the dispute between nation and area residents(or environmental organizations) related to building a Jeju naval base. According to article 12 of the Administrative Litigation Act of Korea, it is required for plantiffs to prove their interests are protected by law, so called ‘standing’, for withdrawal aa authority’s decision. How to define the Standing in environmental administrative litigation in Korea, however, is a controversial issue.
The purpose of this paper is to review the court’s decision on changing of disposition on absolute preservation area in Jeju, and to suggest to extend the scope of the standing to sue in the environment administrative litigation in Korea.
The court ruled that area residents had not legally protected interests but just reflective interests in this case, because the court regarded the authority’s decision lifting the designation as an absolute preservation area as a beneficial one. The court did not recognize the environmental interest of area residents as legally protected interests, even though the Constitution of the Republic of Korea provides people’s environmental rights in article 35.
As administrative acts get more complex and multifaceted, the scope of the standing to sue in environmental administrative litigation should be extended to guarantee the right of access to courts substantially and relief the right and the interests of the third party, and strengthen the supervision of the administrative’s discretion by the judiciary concerning.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 환경행정소송에 있어 원고적격
• Ⅲ. 절대보전지역 변경(해제) 처분에 대한 판결의 내용
• Ⅳ. 원고적격 법리를 통한 대상판결의 검토
• Ⅵ. 결론
• 【참고문헌】
• 【Abstract】