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Measures to Ensure Effectiveness of Administrative Appeals ruling

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.443-465
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Bong-chae 1

1경기대학교

Accredited

ABSTRACT

It is the core of the administrative judicial system to ensure the effectiveness of Rulings. The direct disposition system was introduced in the Administrative Appeals Act in order to ensure the effectiveness of the resolution, but the Commission did not directly dispose of it. The reason is that there are certain limitations such as the nature of the disposition or information held only by the administrative agency, or in the case of dispositions requiring a high level of expertise, and there is virtual or operational problem such as a certain limit, or the passive attitude of local governments. Therefore, I have suggested several measures to solve the above problems and to secure the effectiveness of Rulings; ① some supplement of the direct disposition system, ② indirect compulsion, and ③ linking the audit system etc. As a way to supplement the direct disposal system, It is necessary to establish a professional and independent organization capable of handling direct dispositions, and to be able to listen to and consult with the administrative agency when the committee is directly dispossessed. And Indirect Compulsion is an effective way of ensuring the effectiveness of rulings in the passive aspects of direct disposition. Therefore, indirect compulsion has been examined as a system to supplement the limitations of direct disposal. Since the Indirect Compulsion is not a fulfillment of the contents of the judgment but merely a compensation for damages, it is insufficient to actually guarantee the rights of the people has been infringed. There are some opinions that "Indirect Compulsion should be operated to the extent of supplementing the direct disposal system, should not be allowed if disposition is possible", but indirect enforcement is permitted even if direct disposition is possible. The Administrative Appeals Act, revised on April 18, 2017, stipulates the indirect enforcement system and the direct disposal system in parallel, allowing the applicant to apply selectively. And In order to secure the effectiveness of the reorganization, it was found that the operation in conjunction with the audit system had a considerable effect. Therefore, in order to ensure the effectiveness of the ruling, it is necessary to establish a basis regulation that can be linked with the audit system and Commissions investigate whether a disposition has been implemented or not and request an audit. practice, action, carry out, implement, fulfill, put sth into practice[action

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