행정심판제도의 현황과 발전방향

In this study, the structure of current administrative appeal system in South Korea is first explained, and then it is compared with that of foreign systems. The purpose of this study is to suggest ways for advancement of our system in the future. There are various aspects to discussing ways for advancement of administrative appeal system. First, it is important to improve the system taking into account its inherent purpose. System change should be made to serve its purpose properly which is to help fully remedy people’s rights and interests and ensure adequacy of administration. Second, administrative appeal system should be harmonized with social advancement and alignment of legal system therewith. After the current Administrative Appeal Act was enacted in 1985, the Constitution was amended, local autonomy system was implemented, and system of administrative procedure and administrative-information disclosure was introduced. Changes heretofore to the Administrative Appeal Act have been made in line with these developments. Third, the advancement of our administrative appeal system can be looked at in connection with developments in foreign legal systems. Observing the current state of advancement in overseas administrative appeal systems can be helpful in grasping the merits and demerits of our system and showing the direction in which our system should advance. In this study, the following questions have been raised and the answers thereto have been sought: 1) Where is more room for our administrative appeal system to improve? 2) How do other countries (or regions) operate their administrative appeal system, and what kind of helpful suggestions can we get from it? 3) What are the issues which have heretofore been discussed for advancement of our system? 4) Should special administrative appeals be integrated with general ones, and how can it be done? 5) How should other administrative disobedience procedures be aligned? 6) How should other systems, administrative procedures, grievance procedures and conflicts between local governments be aligned, which have to do with administrative appeals? The raison d’etre of administrative appeals is to provide people with opportunities for simple and swift remedies of rights and interests. Administrative organs also have chances to review their acts through administrative appeals. Our administrative appeal system is advancing to become a significantly independent quasi-judicial procedure in line with the constitutional provisions. On the other hand, however, it exposes a shortcoming in that remedial procedures are often meaninglessly repeated. It is necessary to design a system which can meet the objective of both providing opportunities for remedy and ensuring fair and adequate settlement of conflicts.