미국의 시민소송 제도를 통해 본 원고적격 문제

• 영문명: On Standing for Litigation in Korea: Compared to U.S. Citizen Suits
• 발행기관: 한국민사소송법학회
• 저자명: 전원열
• 간행물 정보: 『민사소송』제27권 제3호, 89~129쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.10.31

영문 초록

Although government agencies are primarily responsible for legal enforcement in a society, it is not appropriate to assign government agencies 100% responsibility for this role and leave private individuals with no role to play. The United States has a so-called ‘Citizen Suits’ in many environmental statutes from the perspective that it is efficient to share role of law enforcement with private citizens. According to citizen suits, anyone who has redressible ‘injury-in-fact’ caused by the defendant’s actions can file a claim for injunctions and/or civil penalties against the violator of the statutes. Expanding standing in this way is linked to the issue of separation of powers in the Constitution, as it raises questions about whether the court could adjudicate all such lawsuits or whether they are problems that must be resolved in political process of democracy. Although it is unlikely that the citizen suits will be legislated in the Korean context, it is necessary to consider whether standing is too narrow in the current Korean civil and administrative litigation practice and whether this should be further expanded.

목차

Ⅰ. 서론

Ⅱ. 시민소송의 의의, 발전과정 및 절차

Ⅲ. 원고적격(standing)에 관한 미국연방대법원의 입장 변화

Ⅳ. 원고적격의 적정 범위

Ⅴ. 결론

키워드

시민소송 원고적격 법집행 권력분립 민사벌 Citizen Suit Standing Legal Enforcement Separation of Powers Civil Penalties