행정소송에서의 제3자의 소송참가

Abstract

This paper focuses on “the intervention of third persons” in the court in which the revocation litigation is pending. Therefore I studied how interventions of "third party" during pendency of the action suits should be resolved in this paper. The details of “Intervention of Third Persons in Litigation” are given in the Korea Administrative Litigation Act Article 16. This Article 16(1) enacts a provision of the conditions for “the intervention of third persons”. About the requirements for “the intervention of third persons” stipulated as follows: "If there is a third person whose right and interests are infringed by the outcome of a litigation, the court may, upon a request of the party or the third person or ex officio, let the third person intervene in the litigation by decision". And Article 16(2) stipulates as follows about the decision process: "If the court intends to make a decision under paragraph (1), it shall hear in advance the opinions of the party and the third person". Additionally, Article 16(4) regulations governing Civil Procedure Act. With respect to the third person intervening in the litigation under paragraph (1), the provisions of Article 67 of the Civil Procedure Act shall apply mutatis mutandis. Finally, I examined it for acceptability by the administrative litigation of the intervention type in the Korea Civil Procedure Act. This paper is organized as follows; Chapter Ⅰ. The purpose of the study Chapter Ⅱ. Intervention of Third Persons in Litigation Chapter Ⅲ. Acceptability of the intervention by the Civil Procedure Act Chapter Ⅳ. Summary and Conclusion