Earticle

Abstract

영어

This paper deals with the petition system, the grievance settlement system and the application for inspection in Board of Audit and Inspection Act in the respect of paternalism. It points out that the reason why those paternalistic systems exist is insufficient condition for us to practice the modern law system.
It is necessary to adjust a new idea or system to one's own culture in accepting foreign culture. Accordingly it is not to be blamed that we have both Administrative Appeals Act and those paternalistic systems. On the contrary, we can run the risk that the social integration and legal order will be destroyed if a modern law system works without adjustment.
But we can point out some problems in those paternalistic systems. First they cost us doubly. We should spend much national budget in operating those system. Second, it is the most important problem, their actions and the legal effects, generally, are not binding. And so, the possibility of settlement on the dispute often depends on the power of the head of a board.
Consequently, it is limited to complementing the formal Administrative Appeals Act to use those paternalistic systems. If this principle is not kept and they play a leading role, it is difficult to establish the principle of the rule of the law in Korea.

Contents

Ⅰ. 처음에
 Ⅱ. 온정주의적 행정구제제도
  1. 쟁송(爭訟)구제의 원칙
  2. 청원제도
  3. 국회법 및 지방자치법상의 청원제도
  4. 고충민원처리제도
  5. 감사원법에 의한 심사청구제도
 Ⅲ. 온정주의와 근대, 근대법
 Ⅳ. 맺음말
 [참고문헌]
 [Abstract]

Authors

• 유진식 [ Yoo, Jin Sik ]

Reference