절차적 정의의 신자유주의적 변용 ― 행정절차법의 입법사를 중심으로 ―

The Administrative Procedure Act, which was enacted on January 1, 1998, was made into law on the path of ‘developing country Korea’ to ‘neoliberal state Korea.’ Administrative power has the discretion to do anything. It is good to have procedural control over this power. However, I would like to express a little variation of what Matthew Arnold said, “procedural justice is a very good horse to ride, but to ride somewhere.” The enactment of the Korean Administrative Procedures Act was not a democratic - civic motive, but a (neoliberal) internal and external capitalist motive to remove obstacles to capital accumulations. Through the rule of law, realizing fair, transparent and predictable administration is an idea and principle that can not be denied. The problem is that, thanks to these ideals and principles, capital has secured the power to control the administration of nation states. The effects and pressures on domestic law imposed by globalization and foreign law can not be regarded as phenomena only in the neoliberal era. It should be noted, however, that these influences and pressures are normative in the sense that they are normalized - not exceptional - under today's neoliberal state system. So now, we have to find a way to escape the neoliberal project of dismantling people's sovereignty through ‘the rule of law’, but how? Finding the answer to this question is not easy. But it is still a question to be raised. There is no answer other than democratic transformation of administrative procedure law.