행정절차법의 기능변화와 법적쟁점에 관한 연구

According to the Anglo-American common law tradition, administrative procedures developed with a long history are based on the principle of due process. Administrative proceedings are from a kind of procedural definition of “not to be criticized without an opportunity for excuses” and “listen from both parties,” under the US Amendment: “No one is deprived of life, liberty or property without going through the legal process Up to the provisions of due process, it has contributed to the protection of the rights of the people as a procedural brake on the exercise of state power. Of course, even today, the traditional function and role of due process, which is the protection of the rights of the people through procedural control, still has an important meaning in constitution and administrative law. However, significant changes are being made to the function and status of administrative procedures and procedural laws today. In recent years, when an administrative agency is making a decision that affects the interests of many citizens, listening to the opinions of stakeholders is simply giving them the opportunity to speak before making an administrative decision, or being cautious based on the opinions presented here. This is because it does not mean only as a preliminary step for making a final decision with more legitimacy. Unlike the existing due process and administrative procedure laws, which have been organized around a kind of result-oriented and dependent procedure, the so-called modern administration procedure is a procedure that is conscious of the consequences such as specific dispositions, as well as general information collection and processing by the administrative agency and disclosure thereof. The scope is expanding to all of the routinely performed processes related to administrative activities, including the procedures to be performed. As the concept and function of administrative procedures is expanding, the types of administrative procedures are also diversifying. In the European Union and other countries around the world, the need for procedural discipline governing the creation, dissemination, and use of knowledge and active use of knowledge is possible. Various new challenges are being set for administrative procedures, such as rethinking administrative flexibility and the possibility of innovation through administrative procedures that make them work. Today, administrative law has traditionally applied the criteria for judging the legal conformity of the administration to examine the legality of administrative functions, avoiding the administrative law order centered on the court or the judiciary, and ensuring the procedural rights for good administration mentioned above. I have an academic task to reveal what is. This thesis, starting from this awareness of the problem, is intended to examine the decisions of the European Union Administrative Procedure Act and the European Court, including German law, and to consider the future direction of administrative procedures to realize the so-called “good administration” in Korean law. do.