영향권 내 ‘주민’에서 영향권 내 ‘사람’으로: 환경행정소송에서 원고적격에 관한 판례이론의 종합적 이해 ― 대법원 2010. 4. 15. 선고 2007두16127 판결 논리에 대한 새로운 접근법 ― (Beyond ‘Resident’ in an affected areas to ‘Person’ therein : A Synthetic Understanding of the Judicial Doctrine on Standing in the Environmental Administrative Litigation ― The new approach to the log)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 32권 / 287 ~ 316페이지
· 저자명 : 박태현

초록

The purpose of this article is to suggest a judicial standard to determine who is presumed to have been injured or being injured in fact in terms of benefits to environment in the area adversely affected (hereinafter ‘the affected area’) by the developmental program, project etc. In so-called wind power station case, the supreme court has extended the scope of person who can be conferred standing to seek to challenge the lawfulness of the administrative action approving developmental project on the ground that its ‘legally protectable interests’ in environmental conservation is a per se expected to be undermined beyond resident within the affected area to person having gotten an enjoyment out of environment in the affected area.
Here, I am willing to propose to introduce the term of ‘person within the affected areas’ that means one having specialized specific interests in the preservation of the environment in the affected area, thereby having enjoyed actually environment therein, by virtue of which to determine for a plaintiff to be given the benefit of presumption of having been injured or being injured in the future. In this regard, the plaintiffs in the case subject to review of this article is to be conferred standing to challenge the administrative action on the basis that they are among person within the affected areas because they have the specialized specific interests in the preservation of environment within the Nakdong river watershed by the medium of the maintenance of the quality of water supplied from water-related facility located in the Nakdong river watershed.

영어초록

The purpose of this article is to suggest a judicial standard to determine who is presumed to have been injured or being injured in fact in terms of benefits to environment in the area adversely affected (hereinafter ‘the affected area’) by the developmental program, project etc. In so-called wind power station case, the supreme court has extended the scope of person who can be conferred standing to seek to challenge the lawfulness of the administrative action approving developmental project on the ground that its ‘legally protectable interests’ in environmental conservation is a per se expected to be undermined beyond resident within the affected area to person having gotten an enjoyment out of environment in the affected area.
Here, I am willing to propose to introduce the term of ‘person within the affected areas’ that means one having specialized specific interests in the preservation of the environment in the affected area, thereby having enjoyed actually environment therein, by virtue of which to determine for a plaintiff to be given the benefit of presumption of having been injured or being injured in the future. In this regard, the plaintiffs in the case subject to review of this article is to be conferred standing to challenge the administrative action on the basis that they are among person within the affected areas because they have the specialized specific interests in the preservation of environment within the Nakdong river watershed by the medium of the maintenance of the quality of water supplied from water-related facility located in the Nakdong river watershed.

참고자료

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