지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Resident’s suits are the judicial system which prevent and redress corruption by residents who raise lawsuits about illegal fiscal action of the local government to stop such a corruptive action, including cancellation and the return of unjust gains, such as the return of the waste budget by inducing sound local fiscal management.
Resident’s suits system is being doubted its effectiveness for the residents audit transposition, complicated procedures and long period of lawsuits, the burden of litigation costs, the inability plaintiff’s burden of proof due to the administrative information not be disclosed, but having a great meaning by the introduction of Resident’s suits system for residents to claim the corrective action to wrongful administration without the direct damages or violation of rights to themselves.
Even though there are many parts of its contents to be reformed in Resident’s suits system, but given that the social criticism that budget is wasted very seriously due to the lax administration of the municipalities, it is expected to improve fairness, democracy and the transparency of the local administration and to make a significant contribution to ensure the substantial suffrage of residents.
The legal, institutional problems which the resident’s suits system carries, such as partial application limited to the result of the resident’s audit claims, limited claims requirements of the resident’s suits, the conversion of burden of proof, engrossment of administrative information should be redeemed in the future according to the purpose of introducing(for instance, Expansion of the object of the resident’s suits system, introducing of Provisional disposition) so that the residents can conjugate the system easily and the senses of the resident’s participation should be heightened.
Resident’s suits system is being doubted its effectiveness for the residents audit transposition, complicated procedures and long period of lawsuits, the burden of litigation costs, the inability plaintiff’s burden of proof due to the administrative information not be disclosed, but having a great meaning by the introduction of Resident’s suits system for residents to claim the corrective action to wrongful administration without the direct damages or violation of rights to themselves.
Even though there are many parts of its contents to be reformed in Resident’s suits system, but given that the social criticism that budget is wasted very seriously due to the lax administration of the municipalities, it is expected to improve fairness, democracy and the transparency of the local administration and to make a significant contribution to ensure the substantial suffrage of residents.
The legal, institutional problems which the resident’s suits system carries, such as partial application limited to the result of the resident’s audit claims, limited claims requirements of the resident’s suits, the conversion of burden of proof, engrossment of administrative information should be redeemed in the future according to the purpose of introducing(for instance, Expansion of the object of the resident’s suits system, introducing of Provisional disposition) so that the residents can conjugate the system easily and the senses of the resident’s participation should be heightened.
목차
I. 들어가며
II. 주민소송제도의 개념 및 기능
III. 주민소송제도의 현황 및 문제점
IV. 주민소송제도의 향후 과제
V. 맺으며
참고문헌
Abstract
참고문헌 (23)
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대법원 2011. 12. 22. 선고 2009두14309 판결
[1] 구 지방자치법(2007. 5. 11. 법률 제8423호로 전부 개정되기 전의 것, 이하 `구 지방자치법’이라 한다) 제13조의4 제1항, 제13조의5 제1항, 제2항 제4호, 구 지방재정법(2006. 10. 4. 법률 제8050호로 개정되기 전의 것) 제6
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UCI(KEPA) : I410-ECN-0101-2014-360-000510809