행정통제와 권리구제의 조화적 실현수단으로서의 감사원 심사청구제도의 발전방안에 관한 연구

BOARD OF AUDIT AND INSPECTION ACT(hereinafter referred to as the “BAI ACT”) stipulate the “Claims” since enactment of BAI ACT 1963. The explanatory statement of BAI ACT 1963 defined that “Claims” would be adopted in order to realize three goals. The one is to promoting control of public adminstration by means of the persons concerned. The second is to protecting the right of the persons who have an interest in a adminstrative disposition or other action of agency(subject to audit and inspection of the BAI). The third is to improving the reliance(on control) and transparency(in management). Up to this time, BAI ACT has been amended several times and Claims system has been reformed. But ‘Claims system’ has been changed partially on the focus of protecting the right of the persons. So amendment of ‘Claims system’ mainly contained the procedure related to administrative adjudication(or administrative litigation) for balancing the protecting system in administrative law. This study focuses on rediscovering the “BAI Claims”. “BAI Claims system” have a few functions that is to providing ‘Audit Initiative’, to protecting ‘a person concerned’ and to improving ‘accountability of BAI’. This study suggests proposals which develop ‘BAI Claims system’ enough to need three goal explained. one is to having a new understanding of BAI Claims. other is to making up the procedure for providing the Audit initiative. the other is to balancing other administrative protecting system.