행정심판의 심리에 관한 기초적 연구

Administrative appeals is predicated upon the constitution of the republic of korea and administrative appeals act, and it has two objectives of administrative control as well as civil rights protection to protect individual rights from illegality and wrong doings of the national organizations. Also, by granting opportunities for administrative institutions to rectify their own wrongs, the administrative appeals assure the legitimacy of administration. If necessary, a commission may examine matters that the party has not claimed. The deliberation of an administrative appeal shall be made orally or in writing: Provided, That if requested by a party, oral deliberation shall be conducted, except as it is deemed that a decision can be made only with written deliberation. The contents of Members` speeches during meetings of the commission, and other matters as prescribed by presidential decree which are likely to impede fairness in deliberation and decision-making by the commission if disclosed, shall not be disclosed to the public. Administrative appeals may be conducted as a procedure prior to a judicial trial. The procedure of administrative appeals shall be determined by Act and shall be in conformity with the principles of judicial procedure. This paper analyzes the proportionality test, confidence protection principle, principle of the equality of the standard of review in the administrative appeals