행정심판에 있어서의 부당판단에 관한 사례 연구

While the Revocation Litigation according to the Korean Administrative Litigation Act means a litigation institutes to revoke an “illegal” disposition, the Korean Administrative Appeals Act allows appeals for revocation of not only illegal but also “unreasonable” dispositions by the agencies. This study aims to analyse the cases of appeal for revocation of unreasonable dispositions. This study classifies the types of the appeals cases of drivers licence revocation, suspension of business licences of providing for food services and other cases. The cases of appeals for revocation of unreasonable dispositions are submitted mainly against the administrative sanctions and they are related with the discretionary disposition. If a citizen violates the regulations of an administrative act, the authorized agency can impose an administrative sanction. First, the agency have to find the fact. In this case, the finding of the violation fact itself is very important. But the agencies must take the circumstances of the violation into consideration and excise the power of discretion. If a citizen violated a regulation, but he or she was not accountable in consideration of the circumstances, and if the agency did not consider them but imposed the sanction, that disposition was unreasonable. The agency had to reflect the reasons of mitigation of sanctions and if the agency did not reflect these, that disposition was also unreasonable. The Korean Central Administrative Appeals Commission have to deal with the appeals actively to relieve citizens from any infringement of rights or interests due to an unreasonable disposition.