이의신청에 대한 행정청의 결정과 그에 대한 불복 – 대법원 2023.7.27. 선고 2022두52980판결 –

The diverse composition of objection application requirements, procedures, and content has led to confusion in the unified interpretation and operation of the objection application system beyond the application of the relevant law. Therefore, with the establishment of the Administrative Basic Act in 2021, which stipulates 'objection applications for dispositions,' it is expected that many of these issues will be resolved. However, there is still confusion regarding whether objections can be made against objection application decisions, as there are no regulations on this matter, leading to ongoing confusion in relation to administrative adjudication and administrative litigation. The issue at hand concerns the point at which the statute of limitations for filing administrative litigation begins after filing an objection application under the Information Disclosure Act and receiving the result. In 2021, the Administrative Basic Act explicitly resolved this matter by stating that the statute of limitations begins after receiving notification of the objection application result. However, the Information Disclosure Act, which is the subject of the aforementioned ruling, does not contain such a provision, leading to a problem in determining this point. The Supreme Court seems to have based its decision on Article 20 of the Information Disclosure Act, but by considering the point of commencement for the statute of limitations for administrative litigation not as the original disposition but rather after receiving notification of the objection application result, it appears to have reflected the legislative intent of the Administrative Basic Act. From a legal standpoint, the second-instance ruling might be seen as an interpretation not in line with the statutes. If the decision on the eligibility for administrative litigation were based on the rejection decision of the objection application rather than the original disposition, the issue of the commencement point would naturally be resolved. The prevailing stance in both major Supreme Court rulings and academic discourse tends to reject the notion that a decision to dismiss an objection can be subject to administrative litigation or administrative adjudication on the grounds of its disposability. However, the eligibility for being a subject is not limited solely to the concept of disposability; rather, it is also possible to consider it from a policy perspective, as seen in the fact that under the Administrative Litigation Act, eligibility is defined not only in terms of disposals but also as 'dispositions, etc.' Therefore, there is no reason to exclude a decision to dismiss objections from eligibility based on the fact that it is widely considered an administrative action. From the perspective of the general public, it would be deemed legally appropriate to file administrative litigation or administrative adjudication against a rejection decision on an objection application after going through the objection process. Therefore, resolving this legislatively is valid. The objection system is a procedure within administrative procedures or administrative remedies with many legislative precedents in laws. It can be argued that expanding the opportunity for objection against decisions made by administrative agencies is crucial for establishing the autonomy of the objection system and enhancing its effectiveness.