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This paper discusses The Standing of Qui tam action relator in US.
The feature of modern country is recognition of property as fundamental according to enriching society has increased. Still more, the growth of government and citizen activity has made the yardstick of property rights an inadequate measure of the private interests entitled to seek judicial intervention against asserted administrative illegality such as expenditure of finance. While the share of State finance has decreased compared with that of OECD's State, national debt and inefficient operations expenditure have increased.
The perceived need to protest new classes of private interests has produced a responsive extended expansion of Standing rights. The Federal Supreme Court created 'injury in fact' of constitutional requirement of article Ⅲ with the 'legally protected interest' as the criterion of standing. Public action's theory insist that standing is permitted by the court's discretion. The Federal Supreme Court exercises the influential discretion on the adequacy of the requirement of 'injury in fact' and causation, redressability and so on.
In the landmark Sanders case, the Supreme Court construed statutory review protections as affording Standing to plaintiffs who have no legally protected interest so that they may act as surrogate for those who do. Data Processing case interpreted the Administrative Procedure Act as affording Standing to persons who suffer 'injury in fact' by reason of the challenged agency action, and who are also 'arguability within zone of interests to protected or regulated' under a relevant statute.
It has been discussed that to what extent the notion of 'injury in fact' or 'zone of interest' may be applied to cover the proper scope of Standing to sue in connection with the interpretation of the Taxpayers I cases.
Qui tam is a provision of the Federal Civil False Claims Act that allows a private citizen to file a suit in the name of the US. Government charing fraud by government contractors and other entities who receive or use government funds, and share in any money recovered. In this statutes the standing of the taxpayers' is a question of the right to seek judicial review.
The standing of taxpayers' has been extended is by broadening the notion of legal right to include interests protected by statutes as well as the common law. This expansion was sometimes explicitly amended by the legislature. Even in the absence of such provisions, the courts have sometimes discerned in a statute a legislature intent to afford protection to certain new classes of interests and have afforded a correlative right judicial review to enforce those protections. The statutorily protected interest rationale for Standing has been utilized with increasing frequency and boldness even in the case of statutes that are entirely silent on the right to judicial review. However, extending the principle of surrogate Standing to a case where the governing statute did not contain explicit judicial review provisions.
This paper is concluded that the problem on Standing of the taxpayers' suit should be solve by enacting "The Special Act for Taxpayers' suit" as a plan. And it is necessary to establish tax courts in district level and high court level in Korea so as to protecting suit excessively and strength taxpayers' right protection.
The feature of modern country is recognition of property as fundamental according to enriching society has increased. Still more, the growth of government and citizen activity has made the yardstick of property rights an inadequate measure of the private interests entitled to seek judicial intervention against asserted administrative illegality such as expenditure of finance. While the share of State finance has decreased compared with that of OECD's State, national debt and inefficient operations expenditure have increased.
The perceived need to protest new classes of private interests has produced a responsive extended expansion of Standing rights. The Federal Supreme Court created 'injury in fact' of constitutional requirement of article Ⅲ with the 'legally protected interest' as the criterion of standing. Public action's theory insist that standing is permitted by the court's discretion. The Federal Supreme Court exercises the influential discretion on the adequacy of the requirement of 'injury in fact' and causation, redressability and so on.
In the landmark Sanders case, the Supreme Court construed statutory review protections as affording Standing to plaintiffs who have no legally protected interest so that they may act as surrogate for those who do. Data Processing case interpreted the Administrative Procedure Act as affording Standing to persons who suffer 'injury in fact' by reason of the challenged agency action, and who are also 'arguability within zone of interests to protected or regulated' under a relevant statute.
It has been discussed that to what extent the notion of 'injury in fact' or 'zone of interest' may be applied to cover the proper scope of Standing to sue in connection with the interpretation of the Taxpayers I cases.
Qui tam is a provision of the Federal Civil False Claims Act that allows a private citizen to file a suit in the name of the US. Government charing fraud by government contractors and other entities who receive or use government funds, and share in any money recovered. In this statutes the standing of the taxpayers' is a question of the right to seek judicial review.
The standing of taxpayers' has been extended is by broadening the notion of legal right to include interests protected by statutes as well as the common law. This expansion was sometimes explicitly amended by the legislature. Even in the absence of such provisions, the courts have sometimes discerned in a statute a legislature intent to afford protection to certain new classes of interests and have afforded a correlative right judicial review to enforce those protections. The statutorily protected interest rationale for Standing has been utilized with increasing frequency and boldness even in the case of statutes that are entirely silent on the right to judicial review. However, extending the principle of surrogate Standing to a case where the governing statute did not contain explicit judicial review provisions.
This paper is concluded that the problem on Standing of the taxpayers' suit should be solve by enacting "The Special Act for Taxpayers' suit" as a plan. And it is necessary to establish tax courts in district level and high court level in Korea so as to protecting suit excessively and strength taxpayers' right protection.
목차
Ⅰ. 처음에
Ⅱ. Qui tam action제도
Ⅲ. Qui tam action relator의 Standing 인정기준
Ⅳ. Qui tam action 사례의 구체적 적용
Ⅴ. 맺음말 - 국내에의 도입가능성에 대신하여 -
〈ABSTRACT〉
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UCI(KEPA) : I410-ECN-0101-2009-360-018446915