행정절차법의 미래 방향 ― 함의와 법적 성격, 입법론적 개정방향을 중심으로 ―

Administrative procedures with the function of democratization of administration, efficiencies of administration, appropriation of administration, and prior rights relief are closely related to the rule of law based on the traditional law of conditional propositions based on the linear thinking which premises the existence of independent reality ideologically, and the deductive methodology. In the modern pluralistic society the idea of procedural system based on the cyclical idea of the network system, in which all is the subject and the object at the same time, however, should function as the ideological basis of the administrative procedure. Therefore, the administrative procedure is a means of realizing human dignity, a means of securing legitimacy of legal decision, and a complementary means to administrative litigation systems. The administrative procedure law is not limited to the instrumental and service functions for the administrative substantive law, but it has the ultimate idea of human dignity of Article 10 of the Constitution including realization of basic human rights of the people and functions as the ordinance of the general law and the basic law on the administrative procedure simultaneously. Furthermore, from the perspective of the materialization of the principle of democracy through administrative procedure and overcoming the traditional administrative law through governance, the object of rule and scope of application, autonomy ordinances of administrative procedure, problems in the process of hearing of opinion, etc. are remended and future direction of administrative procedure law should be really established.