중국의 소청심사제도에 관한 비교법적 고찰

The appeal review system is a special administrative adjudication system in which government officials can raise objections to disciplinary actions, unfavorable decisions, or unjust treatment. It is a quasi-judicial procedure that determines whether to cancel or reduce adverse personnel matters. Through the appeal review process, government officials can ensure the protection of their rights by canceling or modifying unjust personnel decisions. However, the current appeal review system in South Korea has issues of fairness and equity due to different guidelines followed by each local petition committee. There are also concerns about the independence and expertise of the administrative petition institutions. Furthermore, the effectiveness of the administrative petition system has been continuously questioned due to the lack of binding force. In China, a similar system called "Shensu" is utilized, where government officials can raise objections against unfavorable actions. China has been operating the appeal review system through the Administrative Regulations on Public Servant Petition promulgated in 2008, which was revised and implemented on March 1, 2022. Through this regulation, China clearly stipulates the rights of government officials regarding administrative petitions, the supervisory procedures, and the penalty provisions, thus protecting the rights of government officials in the administrative petition process. Especially, by enacting legal provisions, China regulates the procedures and oversight of the appeal review system and ensures the implementation of the decisions made through the appeal review process. Therefore, this study examines the regulations of China's appeal review system and provides insights for resolving the issues of South Korea's appeal review system.