항고소송의 기능과 소의 이익

Abstract

The Administrative Litigation Act provides only that a person having “thelegal interests” to seek the revocation or the confirmation of ineffectiveness ofthe agency action has standing to institute the administrative litigation. It shouldnot identify “the legal interests” with the legal right. The meaning of “the legalinterests” is the interests protected by the statute. The extent of the statuteinclude not only the basis statute of the agency action but also other statuteunrelated to the agency action, moreover constitutional law. Therefore, thestanding to sue in administrative litigation should be given to whosever the legalinterests is adversely affected or aggrieved by the agency action. The legalinterests is the interests protected by the statute, neither the legal right nor theinterests protected by the statute is only for public interests. The problem on the legal interest of confirmation litigation of nullity ofagency action is whether the supplementary nature of confirmation litigation ofnullity in civil case should be considered or not. The Supreme Court take aposition that the supplementary nature of confirmation litigation of nullity incivil case is not applied to confirmation litigation of nullity of agency action. Itis resonable that the supplementary nature of confirmation litigation of nullity incivil case is not applied to confirmation litigation of nullity of agency actionfrom the aspect of strengthening of remedies for rights, economics legal action, and the difference between administrative litigation and civil litigation.