과징금제도와 행정심판

Abstract

The Penalty surcharge system is expending it’s coverage and appearing various form, as a matter of common knowledge, beginning from the tool of the taking back undue profit reaching to the suspension or the cancel of a business license on condition to unpay the penalty surcharge, via the alternative to the former to protect consumer and public interest against the public related business. Law enforcement agencies are willing to prefer imposing the penalty surcharge based their misunderstanding that it has always advantage over the suspension or the cancel of a business license, even though the imposed prefers the latter according to his necessary. To make matters worse, if the penalty surcharge imposed on him exceed the internalization of harm inside the legal limit, then his best bet is to complaint the administrative appeal commission. The Administrative Appeal commission, unlike the judicial review only to judge whether it is illegal or not, can determine not only it’s illegality but also it’s reasonability from following standpoints. Firstly, Our Constitution §10 command The Administrative Appeal commission as a part of National Administration to carry out his duty to protect civil rights. Secondly, The Administrative Appeal is the most available way to protect the civil rights against the illegal or unfair agency act like the above. Thirdly, The Administrative Appeal shall determine the reasonability of agency’s act including it’s illegality with his own conclusion whether it is within legal limit and the agency exercise his authority due to the Maxim “Fault free Discretion Exercise”. Finally, the Administrative Appeal commission as a higher and supervisory administration can rule his adjudication more positive to solve the dispute at one time.