개정 행정심판법의 주요쟁점에 관한 검토

The frequent revision of Administrative appeal tells us that the system settles in success. The act was revised again on January 15, 2010 which was partly revised on February 29, 2008. The number of requested administrative appeal case was increased every year and its capable function as the previous process of the administrative litigation was in demand. The specific part of this revision is the regulation on special administrative appeal process which is separated over the individual acts. The revision shows its desire to take the special administrative appeal process into the administrative appeal act. If the Government wants to establish special administrative appeal system, the revision states to cooperate with the Central Administrative Appeal Commission. However, we should think once a more on the process that states to cooperate with the temporary agency, the Commission. It is the spirit of the Constitution that asserts to apply due process to administrative appeal process. It seems like to persue the constitutional spirit with respect to reinforce the right of the process in this revision. The establishment of the application for an objection against the Commission's decision is also a trait of the revision. However, it prone to questionable on the efficiency of the system to judge the objection which was decided by the same commission. In addition, the Government newly established the disqualification of the representatives of the committee for fair administrative appeals. Moreover, the revision expanded remedy system to reinforce the citizen's right of relief function by administrative appeal. Firstly, the revision eased the condition of suspension of execution. It was modified from "damage prevention that hard to recover" to "prevent occurrence of the significant damage." Then, it was able to revitalize suspension of execution. Secondly, temporary disposition system was newly established. It is possible to commence temporary disposition that puts on the temporary position to prohibit significant disadvantage that the party might receive or urgent danger. Finally, it is also evaluable to newly establishes online administrative appeal application system upon the internet period that trends in general. The recent revision of the Administrative appeals act suggested more due process to apply. The claimant for adjudgment is able to get remedy on specific position in the organized administrative appeal process and it is expected to see the function of the regulation on administrative action.