초록 열기/닫기 버튼
An administrative agency does not have the capacity of right. However the administrative agency that has made the disposition is given to the standing to be sued in the appeal litigation, provided by the Administrative Litigation Act Article 13. The grounds of this Article are the difference between administrative litigation and civil litigation, the convenience of the offense and defense in the litigation, and the complexity of delegative authority between nation and local agency, etc. The Korean legal system of the standing to be sued in the appeal litigation was affected by that of Japan and Germany. This essay investigates the origin and development of the standing to be sued in the appeal litigation from the viewpoint of comparative law and analyzes the positive and negative sides of the system which provide an administrative agency with the standing to be sued in the appeal litigation.
