환경분쟁과 주민소송 ― 속초 영랑호(永郞湖) 사건을 중심으로 ―

Administrative litigation serves the dual purpose of safeguarding individual rights and upholding the principle of legal compliance in administrative matters. This framework equally applies to environmental disputes. Revocation suits inevitably emphasize what legal interests of the plaintiff have been infringed upon. In cases of environmental disputes, the social impact is more significant than in civil litigation and other types of administrative litigation. Civil litigation outcomes can be viewed as merely a redistribution of resources among parties, potentially unrelated to the overall enhancement of social welfare. However, administrative litigation results affect societal welfare more broadly. Environmental issues have a more substantial societal impact than typical administrative litigation because they directly affect not only the current generation but also future generations. As environmental issues inherently have local characteristics, residents’ lawsuits can serve as an effective means of addressing environmental problems. The recent Sokcho Yeongrangho Lake case directly illustrates how residents’ lawsuits can be effective in environmental disputes. Whether in the form of revocation suits or residents’ lawsuits, litigation concerning environmental issues tends to be filed less frequently than what would be socially optimal. It is necessary to interpret or improve institutional frameworks that can bring environmental litigation to socially optimal levels.