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A study on the Appeals System - focused on equity -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 57(), pp.235-252
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee, Dong-Chan 1

1강릉원주대학교

Accredited

ABSTRACT

Appeals System was established in the Government officials Act and the Local Officials Act in 1963. From that time, it has been changed a lot for 50 years. Government officials's appeals are controlled by Central Appeals Commission which is installed in Ministry of Public Administration and Security, and Local Government officials's appeals are controlled by Local Appeals Commissions which are installed in the Province or City. However, current appeals system has a problem that they can't establish the same standard in scrutiny and decision, because Central Appeals Commission and Local Appeals Commissions are composed and managed separately. As a result, current appeals system has problems as follows. First, there are huge difference in the rate of relief, so it makes a problem of equity. The rate of relief in nation has great deviation between Central Appeals Commission and 16 Local Appeals Commissions. Moreover, the rates are very different even among 16 Local Appeals Commissions. In other words, there are many different decisions about similar irregularities. Second, there is a problem in the composition of Appeals Commission. To solve such problems, ① Appeals System should be managed by the same standards of scrutiny and decision, ② For equity, information about decisions between agencies should be shared, ③ The composition of Appeals Commission should be studied for fairness and effectiveness in Appeals System. In conclusion, Appeals Judgement law applied identically between Central Appeals Commission and Local Appeals Commissions of containing 16 provinces and cities, I think, should be made.

Citation status

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