The article no. 12 of the administrative litigation law provides that a revocation suit may be filed by a party who has legal benefit of revoking disposition under the heading "standing to sue."
However, the problem issued here is the meaning of the benefit in "legal benefit".
The goal of this study is to seek an alternative which may meet the request of the remedy of individual rights within the scope of the current established laws by seamlessly expanding standing to sue through the review of the tendency of the existing theories and precedents on standing to sue in administrative litigations.
This study consists of five chapters; the first chapter describes the purpose and the directions of the study; the second chapter defines the concept of legal benefit, and the properties of legal benefit being discussed within the current administrative litigation law will be understood.
Chapter three, analyzes the expansion problem of standing to sue through the precedent as a problem of standing to sue of the third person that come to the fore, in the residents' standing to sue, competitor lawsuits, and environment lawsuits.
Chapter four, considers the appearance background of the expansion hypothesis of the standing to sue and the theoretical basis that can support it, examines the standing to sue of the class not of the individuals and the necessity of introduction of class action system on the administrative law of Korea.
Finally, now that the conclusion drawn from the chapter five describes that the hypothesis of the expansion of standing to sue, must be required in terms of remedy for individual citizen rights, had complied with the theories and the precedents, this paper suggested their own alternatives in the direction of the proper expansion of standing to sue without being a contradiction to the existing established laws, coming up with a good strategy.
The theories concerning the concept of legal benefit in administrative litigation laws are divided into remedy for rights, remedy for legally-protected benefit and remedy for benefit worthy of protection; and the current trends show that standing to use is gradually expanding its range of recognition as the precedents are based on the remedy for legally-protected benefit in principle.
In particular, a tendency of expanding standing to use is appearing saliently in consumer litigations, environmental litigations, and more.
In recent years, the precedents on standing to sue recognized in a wide range by the court are constantly emerging in the legal disputes related to environmental issues in the field of administrative litigation.
Our country's precedents are expanding the application of the standing to use of nearby residents by interpreting standing to sue broadly and gradually if a case is determined to be protecting not only the legal grounds of the public interests but also the individual interests in principle.
In addition, from the legal grounds of the direct evidences of disposition, the laws invoked by the laws, to the laws on the environmental impact assessment are considered to be the legal grounds for disposition by the precedents.
As shown in the above, standing to sue in revocation litigations for the purpose of environmental protection in this country is gradually increasing compared with the past.
Therefore, the recognition range of standing to sue should be expanded in order to determine the range of the legally-protected benefit by at least the legal grounds for disposition and the related regulations as well as the principles of constitutional laws and the regulations on environmental rights in determining the scope of legally-protected benefit concerning standing to sue of an administrative litigation in the viewpoint of environmental protection which can be accomplished by expanding an opportunity of legal remedy and the characteristics of regionality and distributability resulted from environmental damage.
Moreover, some other policy measures should be taken for recognizing standing to sue of the qualified environmental organizations complying with certain requirements.