原告適格의 政治經濟學 - 韓日 兩國의 行政(事件)訴訟法 改正案에 대한 比較ㆍ分析을 中心으로 ―

Abstract

Korea and Japan have recently made efforts to reform each of their administrative litigation system by drafting amendments to each country's Administrative Litigation Act. Although constitutional provisions and court precedents in both countries are similar to each other, they have come up with their respective amendments that are different from one another. The Korean Supreme Court's amendment to the Administrative Litigation Act expands the scope of an individual's standing to file an administrative lawsuit. This in effect provides an interest party with a tool to affect the legality of an administrative activity. On the contrary, Japan amended its Administrative Litigation Act, but has preserved its original structure of standing, thereby addressing administrative lawsuits as “subjective lawsuits.” Many perspectives can be considered in examining divergent legal reforms in the two countries. The cultural approach that focuses on the differences in culture of the two countries in analyzing the causes is useful in looking at the big picture, but it fails to provide pertinent information necessary to devise a detailed reform plan. In contrast, a political economic analysis centers its attention upon the political structure that has brought about the difference between Korea and Japan. Focusing on the political structure enables one to examine what concrete institutional factors and what political participants' interactions have resulted in divergence between the two countries. Hence, such analysis builds a foundation necessary to devise a detailed and remedial plan.