2010년 베트남 행정소송법의 개정 내용과 평가

The completely (2010) and partially(2015) revised Vietnamese administrative litigation act is composed of 23 chapters and 372 provisions. The range of the provisions are vast because the rules which correspond to enforcement ordinance in Korea is also embedded in the laws mentioned above. The judicial power of Socialist nation is different from that of Capitalist nation, which cannot be irrelevant to the political superiority of Communist Party. The interpretation of the Constitution belongs to the Standing Committee of National Assembly (Article 74 of the Vietnamese Constitution). Therefore, the check on the National Assembly or the government by the Vietnamese judicial power is weak compared to that of the Western World. Further, the Supreme People’s Court supervises the Local People’s Court (Article 104 of the Vietnamese Constitution), and the head of the Supreme People’s Court is responsible for the National Assembly (Article 105 of the Vietnamese Constitution), and the People’s Assessors-endowed with the same authority as judges-participate in trials (Article 103 of the Vietnamese Constitution). These People’s Assessors are elected by the Local Fatherland Front which corresponds to district courts at various levels. However, the Local Fatherland Front is under control of the Communist Party and even has weak background in law, which cannot result in just verdict in trials. Vietnamese judicial process is the Second Trial System in principle and adopts the jury system. This revised administrative litigation act transformed administrative trial from a necessary procedure to an arbitrary one. Moreover, it expanded the range of administrative measures subject to lawsuits and arranged specific rules concerning examinations of evidence. It also contains execution procedures. However, since the participation of the People’s Office of Supervision and Control in trials exists, the independence of trial organization remains a work in progress of the Vietnamese administrative litigation law. Korean administrative litigation law, unlike that of Vietnamese, consists of 46 straightforward articles, and mostly defined to apply the procedures of the Civil Proceedings. The noteworthy part in particular is that it expanded the targets of administrative litigation. This in turn made subject to administrative litigation not only illegal dispositions of intendance but also the exercise of or refusal to exercise public power by an administrative agency as function of law enforcement in relation to a specific fact, and other similar administrative actions(Article 2 of Korean administrative litigation law). Moreover, the court may revoke even the discretionary disposition by an administrative agency when such a disposition is exercised beyond the limit of its discretion or the discretion is abused, so that civil rights are further protected and checks on administrative abuses are reinforced (Article 27 of Korean administrative litigation laws). However, we should start from the understandings of the Vietnamese law system based on its own history and politics, rather than the mere comparison between the two administrative litigation acts.