행정심판법상 ‘재결의 효력 및 그 실효성 확보를 위한 제도’의 難點에 대한 검토

Abstract

Korean Administrative Appeal System which originated in Petition System has had constitutional basis since 1981. Administrative Appeal Act was enacted in 1984 and established the framework of the current Administrative Appeal System. After that, there were some significant amendments of the laws concerning the Administrative Appeal System in 1994, 2008, and 2010. There have been much debate on the Administrative Appeal System whenever the system changed. There are some main topics in the discussions such as the administrative appeal character, the administrative appeal functions, organizing administrative appeal commission, and the effectiveness of ruling and the means of securing effectiveness. Many subjects have been settled, at least for the time being, with the related laws enacted and revised--even though it is impossible to complete improving legislation. However, it cannot be evaluated whether the problem of the effectiveness of ruling and the means of securing effectiveness has ended. Unless it secures effectiveness of the Administrative Appeal System, the system could become meaningless. What should be the subject of the study is the effectiveness of ruling and the means of securing effectiveness to prevent the result above from occurring. This study deducts cruces of the legal system on the effectiveness of ruling and the means of securing effectiveness to review those problems. This paper suggests opinion on each difficult problem in the review processes. First, this research surveys the main contents of the legal system on the effectiveness of ruling and the means of securing effectiveness. It also points out cruces simultaneously. Next, this study analyzes the problems concretely. Regarding the effectiveness of ruling, this paper reviews when it occurs and the scope of its application. Last, Concerning the means of securing the effectiveness of ruling, this paper looks into some systems such as the Suspension of Execution, Provisional Disposition, Direct Disposition by Administrative Appeal Commission, etc.