영국과 독일의 행정심판제도 개혁 경과에 관한 비교법적 연구

• 영문명: A Comparative Legal Study on the British, German and Korean Administrative Appeals Tribunal Systems
• 발행기관: 경희법학연구소
• 저자명: 오준근(Oh, Jun-Gen)
• 간행물 정보: 『경희법학』제48권 제1호, 405~432쪽, 전체 28쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2013.03.30

영문 초록

This study aims to examine the development of the Korean Administrative Appeals Tribunal System by comparing it with its overseas counterparts. This comparative legal study targets the system of the United Kingdom and the Federal Republic of Germany because they represent two typical controversial types of review systems of administrative appeals and are now in the process of re-examination. The British tribunal system used to have more than 60 kinds of tribunals, which were re-organized and integrated into two categories under the supervision of a single senior president: the First-Tier and the Upper Tribunals. The Tribunals became the most frequently used administrative dispute resolution system in the United Kingdom after the change. The review system for administrative appeals in the Federal Republic of Germany is part of the Administrative Litigation Act without the support of independent legislation. This operates only as a preparatory procedure of administrative litigation. The current reform process aims for the simplification of the total litigation procedure because of problems with time and expenses. The history of Korean system begins with the Appeals Act of 1951. The original system was similar to the German system, designed as essential preparation of administrative litigation with administrative appeals reviewed by the overseeing body. The Korean system followed the reform line of the United Kingdom after the Administrative Appeals Act of 2010. The revision established the Central Administrative Appeals Commission(CAAC), an independent integrated decision-making organization of administrative appeals cases. There are still various problems to solve. For example, the integration was partial because many Special Administrative Appeals Review Organizations, such as the Tax Tribunals and Land Tribunals are still separate from the CAAC.

목차

l. 처음에

ll. 영국의 행정심판제도개혁

lll. 독일의 행정심판 제도개혁

lV. 우리나라와 비교 및 시사점

V. 맺음말

키워드

행정심판 행정소송 전심절차 행정심판위원회 재결청 행정법원 소원 특별행정심판 Administrative Appeals Tribunal System First Tier and Upper Tribunals Central Administrative Appeals Commission(CAAC) Administrative Litigation Preparatory Procedure Integration Special Administrative Appeals Review Organizations.