행정심판법상 간접강제 제도의 현황과 시사점

Abstract

In this study, the purpose of this study was to overview the Indirect Compulsion system, which is a means of securing the Binding Force of Ruling, review the current status of Indirect Compulsion from 2020 to 2023, examine its implications, and make suggestions to ensure institutional effectiveness. The Indirect Compulsion system under the Administrative Appeals Act is a system that guarantees the effectiveness of the decision through a compensation order from the Administrative Appeals Commission upon the applicant's request for Indirect Compulsion if the administrative authority does not implement the administrative judgment result. Indirect Compulsion procedures are carried out if the administrative authority fails to fulfill its obligation to re-disposition of the matter despite A ruling recognizing an appeal or mediation being established. Through a review of the Indirect Compulsion decision case, the following implications could be observed.. There were cases where the respondent delayed re-disposition through a lawsuit against the ruling recognizing an appeal or refused to disclose information by imposing unfair conditions through arbitrary interpretation of the law. In addition, there were cases where procedural transparency and fairness were damaged by failing to re-disposition in violation of the procedures of the Information Disclosure Act, or there were cases where the company failed to fulfill its re-disposal obligations by repeatedly applying incorrect laws by deviating or abusing its discretion. And, able to confirm cases where the administrative authority failed to fulfill its obligation re-disposition according to the purpose of the decision by omission or only partially re-disposition in violation of the Binding Force of Ruling. Looking at the direction of institutional development of Indirect Compulsion to ensure the effectiveness of decisions through the above implications, it can be summarized as follows. First, in cases where the Administrative Appeals Committee makes a ruling recognizing an appeal, it is necessary to introduce a system for reporting the results of re-disposition by the administrative authority. Second, standards for a compensation order must be established depending on the degree of non-performance of the re-disposal obligation and the period of delay. Third, if the application for Indirect Compulsion is approved, the decision must be sent to the respondent supervisory office so that an audit can be conducted in accordance with the violation of the re-disposition obligation.