국가인권위원회의 독립성 보장을 위한 기관소송

Agency litigation can be useful in various fields. There is the needs of the organ action when a individual has the systematic and business self-existing organ of state such as the National Commission of Human Rights. In Germany, agency litigation by the decisions of the Administrative Court against the disputes between different public bodies, such as a municipality, a public broadcasting or a university corporation. Although the Administrative Procedure Code is exist, there is no specific rules on them. Since we mean by the administrative procedure in Germany in principle, as the measure for the subjective legal protection, should the action plate have the legal capacity as the ability involved and the injury assert his rights as the locus standi. After this, the admissibility of the agency litigation depends in which case the organ expertise that is the object of dispute may be recognized for the able-bodied rights in the process. On this question the principle of democracy, separation of powers principle, contrast organ theory developed among other things various court decisions and views. In this study, the composition of the agency litigation in the South Korean administrative procedural law sometimes try to subjective litigation with the conclusion of legal theories and design methodology of Germany for the activation of the South Korean agency litigation. In short, the subjective litigation is the only competence of a public corporation protective action against the intervention of others, and the subjective complaint in the administrative procedural law as the legal litigations or the party disputes. Since the objects of legal litigations or the party disputes the legal interests or relationships, it is important for the application Launch of the subjective litigation, in which case the competence of the public authorities may be considered by the administrative procedure protected interest or ratios of public law. For the legal position of the organ of the administrative body right in respect of the democratic authorization, separation of powers and the related organizations to be checked.