행정청문절차에서 제도개선에 관한 소고

According to the Administrative Procedure Act, a hearing is a procedure in which an administrative agency directly hears the opinions of concerned parties, etc. and investigates evidence before issuing a disposition(Administrative Procedure Act Article 2, No. 5). Administrative procedures operate a self-regulating function to realize the practical rule of law, and the hearing system, which provides the opposing party with an opportunity to state opinions and submit advantageous data prior to any disposition, becomes a central element of the administrative procedure. Recently, the Administrative Procedure Act has been amended to expand the subject of hearings to conduct a hearing even if there is no application from the person concerned in the case of a disposition unfavorable to the public, such as the revocation of licenses, permits, etc(Administrative Procedure Act Article 22, Paragraph 1, No. 3). In the case of disposition of conflicting interests of many people for fair and professional hearings, two or more presiding officers of hearings were selected to strengthen the rights related to the hearing procedures of the people(Administrative Procedure Act Article 28 Paragraph 2). The purpose of the Administrative Procedure Act is to promote public participation in the administration and to secure the fairness, transparency and reliability of the administration, so the hearing procedure should also meet its purpose. Therefore, I would like to propose a plan for system improvement necessary to enhance administrative democracy, fairness, and transparency in the current hearing procedure including the recently revised contents. To this end, the improvement measures were presented focusing on the need to strengthen the status of the parties, etc. in spite of the revised Administrative Procedure Act, the rights of the parties to access information related to the hearing, and transparent and fair operation of the hearing.