감사원 재심의 제도의 의의와 개선에 관한 소고

The Board of Audit and Inspection reconsideration system originated from the appeal procedure for compensation decisions made by the Board of Audit and Inspection, which was introduced when the Board of Audit and Inspection Act was enacted in 1963. It was a rights relief procedure for the compensation decision that allowed the person or his/her affiliated minister or head of the supervisory agency to request reconsideration if the Board of Audit and Inspection's compensation decision was illegal or unfair. Currently, the Board of Audit and Inspection reconsideration system is established as a rule-of-law system that allows a request for reconsideration of all decisions made by the Board of Audit and Inspection, including compensation awards, decisions on requests for disciplinary action, correction, and improvement, and recommendations and notifications, if the decision is illegal or unfair. I'm doing it. In this paper, we aim to clearly examine the significance, nature, role, and limits of the function of the reconsideration system, which has been implemented through a process of introduction and change since the Board of Audit and Inspection Act enacted in 1963. Above all, once the significance, nature, function, and role of the redeliberation system are clarified, the reconsideration system can be flexibly incorporated as a part of the appeal system within the framework of the Board of Audit and Inspection system. The redeliberation system is a means of internal appeal within the Board of Audit and Inspection before disputes are made through administrative litigation, etc. regarding requests for dispositions based on the results of the audit by the Board of Audit and Inspection. At the same time, it provides an opportunity for the Board of Audit and Inspection to correct erroneous matters and provides rights relief to the person requesting reconsideration. It functions as a means. I cautiously believe that the lack of clear improvement results despite the practical improvement discussions focused on improving the hearing procedures and processing processes of the retrial system may be due to a lack of sufficient discussion on the essence of this system. Therefore, it is most important to review the significance and legal nature of the redeliberation system and the characteristics and functions of the redeliberation system as an Board of Audit and Inspection system. This is expected to provide very important clues for improving the hearing procedures of the retrial system in the future, and is also believed to provide the basic direction and framework for system design. Below, we sequentially review the overview of the Board of Audit and Inspection's redeliberation system, the characteristics of the Board of Audit and Inspection's redeliberation system as an administrative adjudication procedure, overseas similar systems, and ways to improve the reconsideration system as an Board of Audit and Inspection system.