韩中行政诉讼法上的原告适格之比较－以实证法解释与原告适格的范围为中心－

Abstract

Administrative action depends on governmental power and it is closely connected to the living of people. Therefore it has possibility of infringing on people's rights. If someone was infringed by administrative action, he or she could get relief from administrative litigation. Administrative litigation starts with a person filing a suit insisting whose right was infringed. However, administrative litigation also has an effect of securing the legality of administrative action. Even though securing the legality of administrative action is more related to promoting public interest, it is still needed for a person to fille a suit. Otherwise, the court could not begin to hear a case. A person whose right was infringed by administrative action files a suit, it is then that the court could judge on the illegality of administrative action. One of preconditions for the court to judge on the illegality of administrative action is the legality of a suit from the complainant. There are some main prerequisites for deciding whether the suit is legal or not. For example: the object in administrative litigation, the standing to sue, the standing to be sued, the interest of right protection. This study analyzed the standing to sue in Korea and China among these prerequisites above. Now, the new proposal is being reviewed after the bill was abrogated automatically, which had regulated to extend the scope of the standing to sue, passing the period of the 18th National Assembly in Korea. The debate on extending the scope of the standing to sue has been going on in China as well as in Korea. This study compared the standing to sue of Korea and China based on these facts.