행정사(行政士)의 행정심판 대리에 관한 법적 검토

The Administrative Attorney, as nationally certified professionals, aims to protect the rights of the people and to contribute to the development of the administrative system. Administrative Attorneys have long been engaged in the mission of administrative appeals to address and correct unlawful and unjust dispositions encountered by the public. The Constitutional Court recognizes their expertise in administrative matters. Since 2013, the administrative attorney qualification exam has assessed candidates’ knowledge of administrative law and their ability to resolve administrative appeals cases. Thus, administrative attorneys possess expertise in administrative appeals and are closely connected to them. However, due to legislative gaps, the role of administrative attorneys in the administrative appeals process is limited. Administrative appeals are related to various aspects of everyday life for people. The subjects of disputes are often difficult to quantify in terms of economic value, or, even when an economic value is considered, it is relatively small compared to litigation cases. In most administrative appeal cases, attorneys have an exclusive right to represent clients. As a result, people face relatively high costs if they seek assistance from a representative in the administrative appeal process. Meanwhile, The Japanese administrative attorney system implemented the special administrative attorney in 2014, granting administrative attorneys who meet certain requirements the authority to represent clients in administrative appeals. Authorities in our country attempted to amend the Administrative Attorney Act in 2016 to grant administrative attorneys the right to represent clients in administrative appeals. However, this effort was unsuccessful due to opposition from lawyer associations. Lawyer associations assert that administrative appeals are judicial procedures and argue that they should be handled by attorneys with verified legal knowledge. However, administrative appeals have evolved as an internal administrative procedure within the executive branch, distinct from judicial proceedings, due to the principle of separation of powers. Indeed, in Germany, administrative appeals are currently regarded as purely administrative procedures. Furthermore, as seen in Japan's integration of objections and administrative appeals into an internal administrative review system in 2014, administrative appeals have a distinctly administrative nature. The right of administrative attorneys to represent clients in administrative appeals should first be explicitly included in the scope of their duties under the Administrative Attorney Act. It is worth considering a system similar to Japan's special administrative attorney system, where administrative attorneys are granted representation rights after completing specific training and passing an examination. The authority of administrative attorneys to represent clients in administrative appeals can expand and ensure people's right to choose their representatives in the administrative appeal process. Furthermore, by promoting free competition in the legal market, it can reduce the costs associated with administrative disputes for people and provide an opportunity for many who previously could not afford professional assistance to hire representatives. This can enhance the accessibility of administrative appeals for the public and increase the effectiveness of these appeals in protecting people's rights and ensuring the proper functioning of administration.