행정심판에서의 조정제도 현황과 활성화 방안

As the number of administrative cases skyrocketed, the burden of administrative litigation-related courts is increasing, which incurs a considerable amount of time and money until the litigation is concluded. holding it recklessly For this reason, various institutional improvements and discussions are actively underway to revitalize administrative adjudication. Administrative litigation and administrative adjudication are the two carriages of the administrative litigation system, and they should function as flawless means of remedies through complementary functions. In a situation where the revision of the Administrative Litigation Act is stagnant, changes in the Administrative Appeals Act are dynamic and progressive. The introduction of the mediation system under the Administrative Appeals Act can be said to be the vanguard of such a change. In order to maintain and develop these changes, it is necessary to expand organizational and human support for the overall administrative adjudication system, such as nurturing staff in charge of mediation in administrative adjudication. Institutional improvement is also required to enhance the function and objectivity of the company. Now, the administrative adjudication system has been upgraded to a conflict mediator that actively resolves conflicts between the people and the state, moving away from the simple judgment of cancellation, fulfillment of obligations, and confirmation of invalidity. However, it is necessary to additionally consider whether to grant the right to apply for mediation to the claimants during the administrative trial stage inevitably in a situation where an increase in the number of personnel in charge is required, but it is not easy in reality. And, as the mediation referral and the process are all left to the discretion of the Trial Committee, it is not an exaggeration to say that the success of the mediation system depends entirely on the competence of the members of the Administrative Tribunal and the staff in charge. It is also essential to strengthen the capacity of the refereeing committee. I look forward to seeing that the mediation system will be activated in administrative trials in the future as well to become a venue for dispute resolution that satisfies both the complainant and the respondent.