행정심판에서의 재심판청구제도 도입에 관한 논의

Abstract

It is necessary to introduce a system for requesting retrial in administrative appeals in the sense that it will expand the opportunity for citizens who have difficulty accessing administrative litigation to receive a simple and quick remedy through the administrative appeal system. Above all, even if a retrial system is introduced in administrative appeal, whether or not a retrial will be received depends on the choice of the people who are the claimant. The problem of delay in redress of the claimant's rights is not a big problem. In the end, for the self-regulation function of the administration and the fair and effective relief of the rights of the people, the Central Administrative Appeals Committee strengthened its status as the supreme administrative adjudication committee and the Central Administrative Appeals Committee before filing a general lawsuit against the decisions of the administrative adjudication committees of cities, provinces and offices of education. It is necessary to allow some permission to be heard once again in . For this, the following methods are proposed. First, in principle, the request for retrial from the respondent (administrative office) side is not allowed if all the applicants (nationals) win the case. Second, even if the claimant wins all cases, the request for retrial from the respondent (administrative office) is allowed in exceptional cases in cases where the infringement of the autonomy right related to the ‘autonomous affairs’ of the relevant local government is an issue. Third, if the claimant loses (including a partial loss), of course, the claimant's request for retrial is allowed. However, since it is operated as a voluntary procedure, administrative litigation is permitted immediately after losing a loss in the administrative adjudication committee of the city/province and the Office of Education. Fourth, cases that are handled in a single trial by the Central Administrative Trial Committee are divided into cases where retrial is allowed by the Administrative Trial Committee (1st trial) and Central Administrative Trial Committee (2nd trial) of cities and provinces and offices of education. It is necessary to seek prompt redress of rights and interests and protection of autonomy through the establishment of the retrial system as above.