주민소송과 변상명령

Abstract

The Inhabitant Suit was introduced by reforming Local Government Act on 27 January 2005. Inhabitant Suit Cases are over a third of all administrative lawsuit cases every year in Japan The Inhabitant Suit will strengthen inhabitants' status against local governments, and contribute to make local finance healthy. It is very different from a traditional annulation actin, and inhabitants can file the action without personal injury, because it is an objective action. When any inhabitant wins an Inhabitant Suit against a local government because of illegal financial operations of an account official, the local government head must command compensation of local government' loss against the account official. But, Local Government Act prescribes that the local government must file the second suit against other officials (not account officials) or firms, in a similar situation. I think, a local government head must have the power to command compensation also against other officials (not account officials) by reforming Local Government Act. In the case, that an account official doesn't obey compensation command, the local government, not the court, can execute compulsorily. This is a good point of korean inhabitant suit system, and very different from the japanese system.