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Status and Improvement of Rights Remedies in 2025 Police Administrative Appeals

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(2), pp.523~563
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : March 8, 2026
  • Accepted : May 23, 2026
  • Published : May 31, 2026

KwanWoo Shin 1

1한세대학교

Accredited

ABSTRACT

Police administrative actions have a direct impact on citizens' daily lives and rights, making the role of administrative appeals as a remedy procedure highly crucial. This study empirically analyzes the actual conditions of administrative appeals against police agencies based on the raw data of the 2025 Central Administrative Appeals Commission, aiming to explore comprehensive institutional improvements to enhance its effectiveness as a public rights remedy system. The analysis reveals that the current system possesses structural aspects requiring improvement in procedural, substantive, and timeliness dimensions. First, procedurally, the continuous influx of improper claims due to citizens' misunderstanding of the appeal process reduces administrative efficiency. Second, substantively, a distinct polarization in acceptance rates was observed depending on the respondent type. While remedies for dispositions by police agencies are somewhat limited due to their strict bound-discretion nature and public-interest priority, dispositions by affiliated public institutions exhibit a relatively high acceptance proportion, implying a potential blind spot in administrative control. Third, regarding timeliness, the utilization of provisional remedies remains constrained, and delays in specific fields such as information disclosure raise concerns about the timely realization of rights remedies. To supplement these practical limitations, this study proposes multifaceted improvement measures. Procedurally, it is necessary to enhance customized guidance in disposition notices and introduce an ex-officio transfer system for improper claims to grievance-handling departments. Substantively, flexible review standards should be applied to livelihood-driven violators, and the pre- and post-management system for delegated tasks of affiliated institutions must be strengthened. Furthermore, to ensure prompt rights remedies, it is imperative to encourage online applications and introduce a Fast-Track review system for urgent cases, thereby further enhancing the overall effectiveness of police administrative appeals.

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