행정기본법상 처분 재심사의 의미와 과제

Abstract

The General Act on Public Administration was enacted, on March 23, 2021. The purpose of this Act is to ensure democracy in and legality of administration and to enhance the appropriateness and efficiency thereof by prescribing principles and general matters regarding administration, thereby contributing to the protection of the rights and interests of citizens. It is the first legislative attempt that comprehensively includes the general legal principles and provisions of substantive administrative law. Article 37 introduced a system for re-examination of disposition to strengthen the substantive rights of citizens. The re-examination of disposition became a legal system with the enactment of Article 37 of the General Act on Public Administration. The introduction of the disposition re-examination rule clearly has the meaning as an extension of the remedy. Although we agree with the legislative purpose of the disposition re-examination system, regulations on re-examination of disposition are an area that receives a lot of criticism in the General Act on Public Administration. Article 37 stipulates the requirements and scope for re-examination very narrowly, it seems difficult to obtain effective remedies according to this Article. Therefore, it is necessary to relax the requirements for the disposition re-examination system, clarify the grounds for the disposition re-examination system, and expand the scope of appeal to the results of re-examination of dispositions. It is expected that this study will contribute to the improvement of the disposition re-examination system in the General Act on Public Administration.