行政訴訟 前段階의 權利救濟方法 및 節次

Administrative litigation is the most typical legal avenue employed by citizens in a modern constitutional state who feel that their rights have been infringed. Various Remedies prior to administrative litigation is deemed useful and necessary in order to avoid costly and lengthy processes through the judicial court system. Here, I present two alternative remedies prior to administrative litigation. The first is administrative appeal and administrative procedure, as a typical procedual remedy, while the second involves the system of the ombudsman, petition, representation, revocation by authority and ADR, as atypical supplementary remedy. Administrative appeal, administrative procedure and ADR were relatively successful as alternatives prior to administrative litigation. However, the system of the ombudsman and petition as a grievance settlement will not be an effective permanent solution, while representation and revocation by authorities also do not provide all the answers. The Anti-corruption and Civil Right Commission Act has been newly enforced in Korea. Therefore, it is logical and necessary to employ a synergic position which advocates integration and collaboration of the Anti-corruption and Citizen Right Commissions. This move will provide a relief agency which effectively performs as an ombudsman. Finally, it is my belief that ADR will play a central role in remedies prior to administrative litigation.