행정절차법의 핵심 쟁점에 관한 검토

The Administrative Procedures are multisense and uncertain. Because it observes in every policy which defines the idea, how to manage, and how to make means of relief. Consequently resulting from magnifying the administrative field and specializing the administration, it leads to magnify an administrative discretion and formality of judging control. The administrative procedures act has been established the participation of people by some methods such as advanced notification, cause presentation, listening to opinion. Futhermore, it established the method of new after relief which protects the people rights itself, it protects the rights of after relief with administrative trial. It means that the theory of national sovereignty and constitutional state has been guaranteed to legal and living relations between the private and government. The objective of administrative Procedures Act is obtaining detailed and actual validity by checking the autonomy and applying the public opinion and it stimulate the participations of people in administrative decision. Practice of administrative Procedures Act stimulate also the people to obtain the equal rights and station with public power in public society. However it is another goal how the act could coexist the others with magnifying conversational constitutions by people participations and how the act doesn’t injury the administrative efficient. Although the goals has been settled, it remains the problem with complicated coexistence between public and private affaires. In this article, by managing some multiple construction and issues in process of practicing administrative procedures act, it tries to analysis some solutions between democratic appropriateness and admirative efficiency.