취소소송에 있어서 제3자의 소송참가

Abstract

This paper focuses on the intervention of third persons in administrative Litigation. By the way, The details of this are given in the Korea Administrative Litigation Act Article 16. First, the first clause of this Article enacts a provision of the conditions. That is to say, "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 the second clause of this Article is about a decision. 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. Next the third clause of this Article provides for a method of dissatisfaction. And so the third person, who has made a request under paragraph (1), can file an immediate appeal against a decision dismissing his request. Finally 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. And Korea Civil Procedure Act Article 67 is the Special Provisions for Indispensable Co-Litigation. Therefore a intervener of administrative Litigation is placed in an equal standing with a intervener of Civil Procedure.