Earticle

초록

영어

The relief for legal right is taken in charge by the system of a series of legal disputes which consist of both application of appeals in administration and administrative litigation in courts in detail. These all play an important role, but this study mainly examines the application of appeals in administration and explores the administrative litigation in courts as necessary. The reason that chooses the application of appeals in administration(Focused on the objection or request for review ) is as follows. First of all, all of the statutes on the fields of the Act on Social Security require the prepositive principle of application of appeals. In this context, the application of appeals in administration is regarded as a first relief of legal rights on the fields of Act on Social Security. Second, with respect to the application of appeals in administration, the merit on the civilian's perspective is referred as the simplicity, speediness, and fee free. If a civilian who applies for appeals currently has needs that exist in the emergency considered on the characteristic of the fields of the Act on Social Security, this is required much stronger than other administrative fields. Third, after applying the application of appeals in administration, filing a suit in courts and three level judgments are guaranteed, but if considering the existence of needs and emergency, it is possible that a civilian who receives the relief of legal right by the application of appeals reluctantly waives filing a suit in courts. In this regard, the relief of legal right is fulfilled by the only application of appeals in administration in reality. Like this, the application of appeals in administration as the final relief of legal right on the fields of the Act on Social Security specially has the importance as the precondition that it is not easy to win administrative litigations. For the reality of the relief of legal right on the fields of the Act on Social Security, the main subject of study is limited as administrative appeals for review(objection, request for review or etc.) from the purpose of this study. It is necessary to analyze appeals for review on the fields of the Act on Social Security on any perspective. This study uses the first analytical tool, the perspective that the appeals agency for review is in charge of「positive exercise of its authority」. It is general to use the term, the ex officio principle related with the term, the parteienprinzip principle, but this study affectedly uses the independent definition of positive exercise of its authority in lieu of using the term of the ex officio principle. In addition, this study has the final purpose that intends to suggestions to the Korean laws through comparative study. Regarding decision of the subject country of this study, the reason why it chose the United Kingdom is as follows since the main purpose is to give the suggestions to the Korean laws.

목차

I. 서론
II. 영국에서의 권리구제 제도
III. 영국심판소제도에서 직권행사
IV. 직권행사법리의 확립
V. 독립성과 직권행사
VI. 결론에 대신하여-시사점
참고문헌

키워드

권리구제 심판소제도 행정상의 불복신청 행정소송 사회보장법 이의신청 심사청구 직권행사 The relief for legal right Tribunals System application of appeals in administration administrative litigation in courts the Act on Social Security objection request for review inquisitorial role

저자

• 김희성 [ Kim, Hee-Sung | 강원대학교 법학전문대학원 교수 ]

참고문헌

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