온라인행정심판에 대한 법제도적 연구

Abstract

The claim types of today's society are various and claims that require professional knowledge are increasing. A trial which was the traditional arbiration method has not satisfied the various claims triggering the limitation of remedy for violation of private right. The reason of these problems can be blamed on the inception of the administrative appeals system. The administrative appeals system improves the reliability of the use of public power by self-regulating the penalty that the administrative institution decides. On the other hand, the system also plays a role in protecting the rights of citizens that are violated and infringed by the unfair penalty. The system can arbitrate the dispute in more friendly way than the trial and it is ideal for maximizing the remedy for violation of private right in that it is faster and cheaper than the trial. Also, it is shown that the system acts like ADR(Alternative dispute resolution) which is developed to arbitrate different types of dispute in our society. However, the administrative appeals system playing a role as ADR is facing limitations because of the system's issues of relief rates, the delay in suspense date, and the variation between regions. To lessen the limitations depicted above, the online administrative appeals system has been introduced. The online administrative appeals system is an One-Stop service from putting a claim to a decision not limited by regions and judgent facilities. Currently, 7 online administraive appeals systems have been introduced and operated including the one of Jeju island with a self-governing system. The perspectives from legislation, technology and ADR need to be considered in order for the system to be successful in Jeju. Therefore, this study has emerged at the right time in circumstances of lack of thorought academic research. The study stresses the need of the connected approach of the administrative appeals system and ADR and points the direction of where the online administrative appeals system should navigate. First, the study has organized the general contents of the concept, characteristics, and the functions through the meaning of the administratvie appeals system. Also, the study has examined the meaning and the limitation that the administraive appeals system possesses as ADR relating the concept of ADR. Next, the study has scrutinized the introduction of the online administrative appeals system, emphasized the importance of the system and reviewed the limitations at the same time. Lastly, the study has analyzed the structure of the administraive appeals system of Jeju, the current status of the organization, the operation and other general procedure through the examiniation the existing structure of the administraive appeals counsil and the statistics of the current condition of the opertaion. With this anlaysis, it is possible to bring up the problems of the online administrative appeals system and examine the usefulness that is brought by the introduction of the system. Furthermore, to retain the efficiency and the reliability of the Jeju citizens, this paper navigates the direction of where the online administrative appeals system of Jeju should aim to work as ADR and settle down as the remedy of violation of private right.