헌법상 행정심판의 기능과 다른 권리구제수단과의 비교

A Study on the Function of Administrative Appeals Tribunal Systems in Constitutional Law and comparative of Relief of Rights

This study focuses on the recent reform of the korea administrative review system. Administrative Appeals is one of the administrative litigation procedures which deals with administrative agency’s judgment on disputed claims related to various intendance’s illegal or unjustifiable disposition or omission, and the Administrative Appeals Act is the general rule regulating the administrative appeals. Administrative litigation is the most typical legal avenue employed by citizens in a modern constitutional state who feel that their rights have been infringed. Various Remedies prior to administrative litigation is deemed useful and necessary in order to avoid costly and lengthy processes through the judicial court system. Administrative Appeals is predicated upon the constitution of the Republic of Korea and Administrative Appeals Act, and it has two objectives of administrative control as well as civil rights protection to protect individual rights from illegality and wrong doings of the National Organizations. Also, by granting opportunities for administrative institutions to rectify their own wrongs, the administrative appeals assure the legitimacy of administration. Administrative Appeals Policy has its root in the Petition Act which was enacted on August, 1951. Its role in the Petition Act was weak in the beginning, but after the administrative appeals act was enacted and enforced, Administrative Appeals Policy applied judicial proceedings as required by the constitution and went through multiple revisions. Matters subject to administrative appeals include illegal or unfair dispositions and those in connection with the exercise or failure to exercise governmental authority on the part of an administrative body, provided that such administrative body may include, but is not limited to, authorized administrative agencies, public and private figures. This study aims to gain a fresh perspective for a new system to realize the ideals of the administrative review system such as rights protection for people and the legality and authenticity of administrative actions.