지방자치단체의 행정소송 수행권

This work aims that how far can the nation(prosecutory) exercise his right for participation of the administrative litigation by local government. For this work researcher use practically the administrative litigation materials of Ulsan-megapolis from 2005 to 2009 years. By the analysis of 53 cases researcher assort the legislation which is based on the regulations. As result comes up therefore about 80% to autonomus affairs of commune. Based on this result researcher maintain his opinion that the right for participation of the nation(prosecutory) is limited to nations affair and instructed affair for mayor. As proof can be presented four reasons:First, the lawsuit work of the local government belongs to administrative right which is essentially consisted of the right of autonomy. Second, the range of right for participation of the nation(prosecutory) is only limited to nations affair and instructed affair for mayor. Third, related with the articles 166 I and 167 community law the nation(prosecutory) can not do authority administration actions to the local government, because the counsel, suggestion and instruction in articles 166 I and 167 community law are a administrative guidance. Forth, it is correct that the supervisory role on the administrative litigation of the local government assigns not to the nation(prosecutory), but to superior offices of local government.
Finally, in the case of the administrative litigation of the local government the nation(prosecutory) can not overwatch the autonomous affairs. For this it is nessary to take marked line that articles 4 I Nr. 5 prosecutory law and 6 I nation public litigation affair law must be revised.