개별법상 이의신청제도의 현황분석과 입법적 개선과제 - 이의신청 등과 행정심판의 관계정립을 중심으로 -

Individual law provides for appeal system in a broad sense such as complaint, examination request, re-examination request, adjudication request, etc. However, as such appeal system is not systematic in terms of legal rules and its relation to general administrative trial is not clear, ordinary people can not easily know what procedures they have to take against infringement on their rights. Let’s take the Supreme Court’s decision dated November 15, 2012 for the case No. 2010-DU-8676 for example. The Civil Petitions Treatment Act provides for that, even though there was an appeal for refusal disposition, the deadline for filing a petition for refusal disposition shall not be counted from the date when the decision for the appeal was given but from the date when the refusal disposition was notified. Use of the legal appeal system may often result in passage of the deadline for filing of administrative trial or litigation and complainant’s failure in remedy for infringement on rights. This paper empirically analyzed the current status of the appeal system under individual laws and derived problems to seek methods of desirable legislative improvement. The appeal system can be basically divided into two types. The first type is a special case to the special administrative appeal or administrative trial procedure, and the second type is just a simple appeal procedure. The provisions of individual laws are very important to distinguish between them, and there is no big problem if a special administrative appeal and a simple appeal procedure are easily distinguished by legislation. If legal rules are not clear and specific, however, this paper tried to identify the type through studies of existing theories and precedents. In this connection, this paper also studied a special case to administrative procedures which can be called the third new type. Besides, this paper also reviewed problems of the appeal system under individual law and legislative tasks for improvement, and also studied appeal period, rights remedies, tasks for improvement of special administrative Appeals system, establishment of relation between appeal and administrative trial, etc. In particular, this paper concluded that, as general provisions governing the appeal system are insufficient, it is required to take legislative actions such providing for the basic rules regarding the relationship between the petition and the administrative appeal in the Administrative Appeals Act.