행정법상 대체적 분쟁해결제도의 허용성에 관한 연구

In modern society, specialization of administration even in administrative fields and people’s enhanced awareness of their rights have brought about a drastic increase of administrative disputes, complication of disputes, and a new form of dispute involving multiple interested parties due to the highly developed industrial society.In this situation, the limitations of solely resorting to the existing administrative contestation system for solutions have been exposed. This naturally gave rise to the search for supplementary and alternative methods. As a result, the need for ADR arose for administrative cases. However, the proactive adoption of ADR failed to take place due to the passive responses resulting from limitations of legal principles including special characteristics of administrative law distinctive from that of civil law and the principles of constitutional administration, and only parts of ADR are adopted in business practices. However, even the special characteristics of administrative law, and principles of constitutional administration cannot serve as an obstacle that hindersthe adoption of ADR at this point. Proactive adoption of ADR in administrative law is demanded from the standpoint of ensuring effective right of access to courts in the field of administrative law and the expansion and furthering of the true substantive principle of the rule of law.