처분 재심사 제도의 적정한 운영과 개선 방향

Abstract

The reexamination of disposition became a legal system with the enactment of Article 37 of the Basic Administrative Act. It is important to have a constructive discussion on the reexamination of disposition so that practical operation and progressive improvement can be made in accordance with the legislative purpose. In this regard, this study reviews the appropriate operation and improvement direction of the disposition reexamination system so that it provides some helpful points to administrative and judicial practice. In order for the disposition reexamination system to operate properly, the following points should be fully considered. First, in cases where the irrationality resulting from the strict application of the litigation period is obvious, the active interpretation of the disposition reexamination requirements and their application should be made. Second, even in cases where the requirements for reexamination of disposition have not been partially met, if request for specific validity is large, the ex officio cancellation and revocation of disposition by the disposition administrative agency should be utilized so that there is no gap in remedies for rights and interests. Third, since the disposition reexamination system has the meaning of securing legality and validity of the disposition through the self-correction, it is required that the disposition administrative agency take a more active attitude towards the application for reexamination of disposition. In this paper, appropriate operation measures that reflect administrative practice standards are reviewed separately by causes for exceeding the litigation period, and by types of disposition. The expected changes in judicial practice are also reviewed. In addition, the institutional limitations that hinder the proper operation of the disposition reexamination system were also reviewed.