국무총리행정심판위원회와 시ㆍ도행정 심판위원회의 통합 논의에 관한 고찰

Abstract

How we organize administrative appeals agencies depends on legislation policy, considering the tenor of administrative appeals system. To guarantee the fairness of administrative appeals is the most important because through this public faith is ensured and the consequence of administrative appeals is justified. The fairness of administrative appeals not being secured, thereby the consequence of administrative appeals not being trusted, administrative appeals system doesn't function as preceding instance procedure. Making sure, inter alia, independence of administrative appeals agencies is necessary to guarantee the fairness of administrative appeals. Besides the professionalism of members of administrative appeals commission is the essence in elevating the consequential reasonableness of administrative appeals and the acceptability of parties and further, administrative appeals functioning as effective remedy system. We can appraise that administrative appeals commission under the prime minister is equipped with disinterested quality as independent agency, neutrality and professionalism, compared with administrative appeals commission under the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or Jeju Special Autonomous Do governor(hereinafter referred to as the “administrative appeals commission of City/Do”). I think that to unify the one and the other is problematic in relation to interference with autonomous right, diversities of regional circumstances, rapidity in dealing with the cases, inhabitants' accessibility and performance of function to control administration autonomously by administrative appeals. It is desirable to solve the problems of operation, composition, etc in administrative appeals commission of City/Do rather by preserving the current dualistic frame of administrative appeals commission system and seeking the reform measures in operating that of City/Do than by merging it into that under the prime minister.