행정심판과 해양안전심판의 인적 요소에 대한 비교 고찰

If the nature of a maritime safety trial is seen as a special administrative trial the maritime safety trial should meet the purpose of administrative trial system, which is to relieve citizens from the infringement of rights or interests caused by any illegal or unjust disposition or omission of public power by administrative agencies, according to an interpretation of the second and third clause of Article 4, “Administrative Appeals Act”. This thesis is a study on human element of the maritime safety trial, mainly about parties and related persons of administrative trial and maritime safety trial. First of all, there are differences in terms of claimant for adjudgment and respondent between administrative trial and maritime safety trial as follows: ① While the claimant of the administrative trial is either an individual or an organization who appeals to an administrative disposition and such, the claimant of the maritime safety trial is Korean Maritime Safety Tribunal, which is an investigation agency of the administrative agency and that would be the fundamental difference between the two. ② The respondent of the administrative trial is the administrative agency that issued the administrative disposition subject to objection, but the respondent of the maritime safety trial is different in that it is the individual or organization directly related to the marine accident who is the object of the administrative disposition. Secondly, the related person of the administrative trial who is not a party to the trial but is able to participate in the trial is called the “participant” and in the case of maritime safety trial, it is called the related person. participant of the administrative trial may refer to a third-party(an individual or organization) that has an interest in the results of the trial, or the administrative agency. participant may do all acts of the trial procedures that the party to the trial may make. On the other hand, interested party of the maritime safety trial refers to a person who has an economic interest in the results of the trial. This is because Clause 2 of Article 4 of the Act on the Investigation and Inquiry into Marine Accidents regulates that when two or more people are involved in the occurrence of a marine accident, maritime safety trial may determine the extent of the contribution of each person(s) that can be used as a fault ratio in the civil suit of the accident, and therefore the result of the trial directly affects the compensation liability or the liability of the insurer, etc. It is impossible to participate in the maritime safety trial as an interested party as actively as in the administrative trial except when permitted by the judge. However, the interested party has different right with the participant of the administrative trial in that if it is deemed necessary to examine the causes of a marine accident for which a disposition not subject to inquiry under Article 34 Clause 2 has been taken, the interested party in such marine accident holds the right to make an application for inquiry to the competent District Tribunal as to whether such disposition is appropriate even though it is not one of the parties to the trial. Thirdly, administrative trial allows the claimant and even respondent to appoint a proxy because none of them are administrative trial experts whereas maritime safety trial does not allow the claimant to appoint a proxy. At the maritime safety trial, the investigation agency of Korean Maritime Safety Tribunal, which is the administrative agency, holds exclusive right to request for inquiry and therefore only respondent of the trial may appoint a proxy. Although a maritime safety trial may seem to be a special administrative trial under the construction of Article 87 of the Act on the Investigation of and Inquiry into Marine Accidents, the second clause of Article 4 of the Administrative Appeals Act regulates that ‘Even where other Acts provide for the specialized administrative appeals or an exceptional case to the administrative appeals procedures under this Act, matters that are not provided for in those Acts shall be governed by this Act.’ and therefore special administrative trial should be the procedure for appealing against the administrative agency as to the unlawful disposition. In this point of view, it is problematical whether the nature of maritime safety trial is administrative trial.