국립대학교에 대한 행정소송법상 “법률상 보호이익이 있는 자”의 지위 인정에 관한 연구

Abstract

This thesis is emphasizing that the National University which is not legal entity needs to have legal standing. According to the law Minister of National Education(MNE) has authority to instruct and supervise National University. So there are many opportunities for MNE to impose various kinds of administrative disposition including sanctions ranging from a warning to suspend financial aid or reduce the number of students on National University. National University is composed of many groups such as professor, students and working official. The control or the stop of financial support from MNE may be sometimes severe to the members of the National University which is especially located in local area and very weak in facility and fund. When the administrative action is illegal or unreasonable there must be institutional equipment for National University to petition or sue to MNE. But currently there are no legal tools for National University to challenge to MNE decision. Because National University is not legal entity which can exercise legal right. According to the Constitution National University shall be expected to have the right to operate or manage itself independently from the State. In order to guarantee the Constitutional right National University shall be vested legal right to have standing to bring a suit against MNE. This thesis suggest that National University can be qualified to be a administrative litigation party by the interpretation of “legally protectable interest” written in the act of administrative litigation.