주민소송의 법적 성격에 대한 소고

Abstract

This article is on the Object of the Inhabitants' Suit in Korea. It is very important tool for inhabitants to control the local government. It is influenced very strongly by the Japanese Inhabitants' suit. At the same time, it is necessary to make the logical thinking of the Inhabitants' Suit on the Constitutional principle. This point is contributed to the substitutional legalism at the national level. The local government act is the specific law of the constitution and materializes the constitutional doctrine. The constitution is not only a set of laws that draws out the organization of a state and guarantees fundamental rights, but also materializes various interests of the members(including fundamental rights) of the community and acts as the highest ranking living standard that regulates everyday issues. Fundamental rights, a value that materializes the norms of the constitution, are not restricted to the areas of fundamental rights but also reach out to all areas of national and local communities. It is the role of the Inhabitants' Suit to be the way for the balance between public interest and private interest. In the Inhabitants' Suit, the basic principles of the constitutional law must be embodied ; the democracy, the legalism, the welfare. The democracy is related to a proper qualification of the accuser. The legalism is related to a proper qualification of the object of suit. In the objective legalism the Inhabitants' Suit is more meaningful in the legal character of suits and the intensity of rating illegality. In the future, the role of local government is more powerful and the funtion of Inhabitants' Suit is more active. So It is necessary to be profoundly discussed on the several principles of the Inhabitants' Suit as the suit for public interest suit.