[일반논문] 環境上의 利益保護와 參加 - 初期의 美國行政法制를 中心으로 -

Participation of Interested Persons Before the Administrative Agency

This study reviews intervention of nongovernmental public interest persons and groups in administrative proceedings. In 1960-70' s of the United States the increased complexity of litigation and the growing number of cases involving the public interest or a wide variety of private interests have been accompanied by a steady change in the attitude toward intervention. In appearances before administrative agencies, pubic interest persons asserted a variety of interests. Conservationists pressed environmental interests in selected power plant licensing cases. Minority groups and environmentalists presented their objections in hearings on highway planning and location. Listener groups and individuals sought to intervene in broadcast license renewal hearings. The demand for broadened public participation in governmental decision making rested on the belief that government, like all other institutions, rarely responds to interests not represented in its deliberations. This intervention had built upon developments in three distinguishable related areas the right to intervene in court adjudications; standing to seek judicial review of administrative actions; and standing to intervene in administrative adjudications.