항고소송에 있어서 인근주민의 원고적격

Abstract

According to Article 12 of Administrative Litigation Act, Only those who have “the legal interests” in revocation of the agency action, may institute the administrative litigation. Not only direct party of the agency action but also the third one such as residents living nearby building or environmental pollution area to be adversely affected or aggrieved by the illegal agency action, could be the standing to sue, even if he have “the legal interests” in revocation of the agency action. It should not identify “the legal interests” with the legal right. The meaning of “the legal interests” is the interests protected by the statute. The interest means only individual interests, so if the interests protected by the statute is only for public interests is not “the legal interests”. The extent of the statute include not only the basis statute of the agency action but also other statute unrelated to the agency action, moreover constitutional law. In conclusion, the standing to sue in administrative litigation should be given to whosever the legal interests is adversely affected or aggrieved by the agency action, including the third party of the agency action in administrative litigation by nearby residents. The legal interests is the interests protected by the statute, neither the legal right nor the interests protected by the statute is only for public interests.