「공공감사에 관한 법률」상의 재심의신청의 법적 성격과 제소기간

Abstract

It is not clear what is the legal character and period for applying of Application for Reexamination in Act On Public Sector Audits, which is the problem that other many administrative appeal systems in existing law also have. Generally existing theories and cases have handled this problem as follows; if other objection systems than A​dministrative Appeals belong to Article 4 (Special Administrative Appeal, etc.) of A​dministrative Appeals Act or not. But it is too simple to solve this problem. And so it is suggested in this paper that it is necessary to find out how the objection system is prescribed in the law or what is the legal character of it. Then, if we find out the objection system legal effect we regard the day the decision arrives as the period for applying of it. But the fundamental solution is that we should arrange those disordered administrative objection systems to put into the formal procedures such as Administrative Procedures Act, A​dministrative Appeals Act and Administrative Litigation Act. For example if Application for Reexamination in Act On Public Sector Audits has not legal effects, as Korean Supreme Court said, there is no reason to sustain such a system. An so it is desirable that Application for Reexamination in Act On Public Sector Audits be arranged such as follows; we should newly prescribe to give an auditor enough opportunity to hear the administrative agency and the person audited and repeal Application for Reexamination in Act On Public Sector Audits.