중앙·지방소청심사기관의 운영 및 심사결정에 관한 비교연구

A Comparative Study on Management and Determination between Central and Local Appeals Commission

Government officials s appeals are controlled by Central Appeals Commission and Local Government officials s appeals are controlled by Local Appeals Commissions which are installed in the Province or City. We can know the below three things after examining the results of both Appeals Commissions determination from 2006 to 2010. First, there was a big deviation in the rate of relief. Second, there was also a big deviation in the determination about the type of similar illegal activities. Third, there is also a deviation in the rate of relief among 16 Local Appeals Commissions. This problem generates because controlling function in Province is insufficient. In other words, the tendency to be generous toward the Local Government officials can occur because disciplinary punishment and appeal affairs are controlled by the same Province. Like the illegal and unfair administrative measure is judged by the Administrative Appeals Commission as a higher-level office and an independent adjudicator, appeals judging as a kind of administrative judgement should also be carried out by higher-level office or an independent adjudicator. It is the best way to promote the objectivity and fairness of judgement. So I propose the jurisdiction problem between Central and Local Appeals Commission and the establishment of Appeals Judgement Law.