감사원 감사활동 관련 법적 판단에 대한 검토

Courts ruled that the request of action from BAI(Board of Audit and Inspection of Korea) is not the administrative action which is suitable for filing an administrative litigation, and the auditees can not file an administrative lawsuit in response to the request of action from BAI. It was right that courts excluded judicial review of the request of action from BAI. But, by trying to cling to conventional method of administrative action, courts did not find the characteristics of the actions of BAI which are very distinctive from ordinary agencies' actions. BAI works for the enhancement of the accountability which is the most important constitutional mission. Actually, the processes to get the final decision of BAI are very deliberate, communicative with auditees, dynamic, policy-oriented and affecting other agencies which are not audited. So, courts should discuss the judicial deference to the actions of BAI. Because courts did not account for the unusual features of the actions and processes of BAI, the rulings of courts on the BAI's actions need some additional arguments and are contrary to the courts' own precedents on the administrative action which has been broadened to open up to more people to file an administrative litigation. Courts should consider the multidisciplinary aspects of BAI's actions. Through this consideration, the values and frames of good governance discussed in courts will affect positively the actual administration.