義務履行審判의 改善方案

An Opinion for the Improvement of Administrative Appeal for positive decision order

In practice, administrative appeal for positive decision order, one of the administrative appeals is not well used. The administrative appeal for refusal decision annulment often take its place. But Administrative Litigation Act revision project prepared by Administrative Litigation Act Revision Council of the Supreme Court creat administrative litigation for positive decision order. If Administrative Litigation Act would be revised, Administrative Appeals Act must be also revised. The provisions relative to the administrative appeal for positive decision order must de made more clear. The administrative appeal for refusal decision annulment must not be admitted, although there is a opposite opinion. There is a quarrel between the protection of the citizen, administrative self-control and the respect of the decision power of the administrative agency. The administrative appeal council must find an harmony between the protection of the citizen, administrative self-control and the respect of the decision power of the administrative agency. The administrative agency must respect the decision of the administrative appeal council.