개별 행정법상 ‘이의신청제도’의 현황 검토

Abstract

In this study, in order to understand the real aspects about objectionsystems in several administrative laws, I analyzed 64 objection systemsin 47 administrative laws. As a result, it is disclosed that shortcomings of present objectionsystems are as follows:First, in many laws, presented agency or deciding agency is differentfrom disposition agency. Second, in the aspect of objection period, in many laws, it is equivocal. The starting point of reckoning is not divided into 'informed day' and'delivered day'. And in some laws, it is too short without reasonable ground. Third, in the aspect of relation with administrative appeal andadministrative litigation, in many laws, there are no provisions on therelation between objection and administrative appeal or litigation. It isequivocal that objection procedure is needed or not, in order to instituteadministrative appeal or litigation. Also it is equivocal that after theobjection procedure, a man can institute administrative appeal oradministrative litigation. Also, if it is possible, it is equivocal how long theappeal or litigation period and what is the object of appeal or litigation. These shortcomings of present objection systems may prevent peoplefrom institute administrative appeal or litigation. I think that it is needed to legislate new provisions to correct theseshortcomings, in Administrative Appeals Law.