초록 close

The purpose of the study is to make a new inquiry into the court's method of investigation about the standing to sue as an requirement for administrative litigation of Korea. The standing to sue is an important procedural requirement in administrative litigation, which determines whether citizens can protect their right or interest via administrative litigation. However, the standing to sue in administrative litigation is recognized by the court's investigation. Consequently, whether the standing to sue is recognized actually depends on the court's method of investigation. When comparing the court's method of investigation about the procedural requirements in administrative litigation with that in civil litigation, unlike civil litigation it is possible for the court to investigate officially(von Amts wegen) in administrative litigation in consideration of public interest. Like this, in principle the court's authority of investigating officially is possible in administrative litigation for the sake of public interest. This aspect distinguishes between civil and administrative litigation. Recently, there have been some court rulings in administration litigation that assign the burden of proof to citizens as plaintiff, when the court investigated the standing to sue as an procedural requirement. This paper examined whether the trend of these court rulings complys with the legal system of Korea including the constitution, the civil and administrative litigation. The conclusion is that the court's method of investigation about the standing to sue in administrative litigation should be appropriate for the constitutional right of access to the courts and the essence, purpose, and procedural principles of administrative litigation of Korea.