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원고적격(原告適格)의 정치경제학(2) -대법원의 객관소송관에 대한 분석적 비판을 중심으로- : Political Economy of Standing(2) -Analyzing the Public Law Model of Administrative Litigation Based on Public Choice Theory-
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 조홍식 | - |
dc.date.accessioned | 2009-09-28T03:15:54Z | - |
dc.date.available | 2009-09-28T03:15:54Z | - |
dc.date.issued | 2005 | - |
dc.identifier.citation | 법학, Vol.46 No.4, pp. 121-196 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9922 | - |
dc.description.abstract | Korea has recently made efforts to reform administrative litigation system by
drafting its amendment to the Administrative Litigation Act (ALA). The Korean Supreme Court's proposed amendment to the ALA expands the scope of an individual's standing to file an administrative lawsuit. While ALA currently provides that anyone with a statutory interest can file an administrative lawsuit, its proposed amendment changes the basis of standing from statutory interest to legally just interest. Currently, the standing to file an administrative lawsuit is determined by the statute that provides the basis of a plaintiff's cause of action. The Legislature currently determines who can file an administrative litigation under any given administrative act. However, the proposed amendment will permit courts to determine the scope of standing. If the proposed amendment to ALA is passed by the Legislature, the amendment may be interpreted as permitting the courts to consider relevant constitutional provisions and principles, judicial precedents, and even jory (reason of nature) not to mention the statute that authorized the administrative act. As a result, the amendment, if adopted by the Legislature, will authorize courts to determine who can file an administrative lawsuit. The proposed amendment is criticized in many aspects. The strongest criticism of the proposed amendment is that it ignores the constitutional governing structure by breaking the delicate balance of power distributed to the three branches, i.e. the Legislature, the Executive, and the Judiciary. The standing provision limits courts to their traditional role of protecting individuals and... | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2005학년도 연구지원비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 행정소송법 개정안 | - |
dc.subject | 공공선택이론 | - |
dc.subject | 집단의사결정 | - |
dc.subject | 한일 양국의 행정소송법 | - |
dc.title | 원고적격(原告適格)의 정치경제학(2) -대법원의 객관소송관에 대한 분석적 비판을 중심으로- | - |
dc.title.alternative | Political Economy of Standing(2) -Analyzing the Public Law Model of Administrative Litigation Based on Public Choice Theory- | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Cho, Hong Sik | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 196 | - |
dc.citation.number | 4 | - |
dc.citation.pages | 121-196 | - |
dc.citation.startpage | 121 | - |
dc.citation.volume | 46 | - |
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