Research Report
The Analysis of Recent Major Trends in Administrative Appeals and Demand for Improved Legislation
Ⅰ. Backgrounds and Purposes
▶ The purpose of the Administrative Appeals System
○ The administrative appeals system is an administrative objection procedure for the guarantee of the people’s rights and interests, and the analysis of the issue of the case can achieve the purpose of the administrative appeals system and contribute to the mid- to long-term improvement of the system
○ The purpose of the administrative appeals system is enhanced by providing more scientific and professional support to the efforts of the administrative appeals results, and research is needed to contribute to the implementation of legislative policies
▶ The need of research for administrative appeals cases
○ Since the implementation in 1985, the administrative appeals system has played an important role in the relief of the people’s rights based on the advantages of a low-cost, quick and easy-to-use right remedy.
○ However, despite the successful settlement and operation of the administrative appeals system, a collection of data has been published to the level of summarizing major cases of administrative appeals, mainly by the Administrative Appeals Commission or some local governments, but systematic analysis and research on major cases have not been carried out continuously.
○ It is important to identify the latest trends in administrative appeals based on in-depth analysis by legal experts on core legal principles, etc. by classifying the latest cases of administrative appeals by major areas.
Ⅱ. Major Content
▶ Administration and education fields
○ False claims for health insurance cancellation of the list of nursing institutions
○ Request for cancellation of disposal of research expenses
○ Request for cancellation of disposition to refuse information disclosure
○ Request for cancellation of disqualification of a candidate for appointment of a public secondary school teacher
○ Request for revocation of the disposition of refusal of permission to change the status quo around the cultural heritage designated
▶ financial and economic fields
○ Request for cancellation of suspension of all cosmetic products sales
○ Request for cancellation of evaluation certification of daycare centers
○ Request for invalidation of notice of termination of contract for operation of national property
○ Request for cancellation of disposition of solar power business application
▶ Labor fields
○ Request for cancellation of disposition of refusal to pay employment promotion incentive
○ Request for cancellation of employment permit for foreign workers
○ Claims for cancellation of return of employment insurance and industrial accident compensation insurance reporting
○ Request for cancellation of financial penalties
○ Request for cancellation of disposition of industrial accident compensation insurance benefits
▶ Environment and culture fields
○ Request for cancellation of permission for development and use of groundwater and cancellation of original restoration order
○ Request for cancellation of rejection of the selection of the agricultural, forestry and food technology certification system
○ Request for cancellation of an order to restore illegal land
○ Request for cancellation of disposition for registration of agricultural products
▶ Health and medical fields
○ Request for cancellation of disposition of grade determination for injury grade classification body inspection
○ Request for cancellation for disposition of refusal to register persons of national merit
○ Request for cancellation for medication side effect damage relief
○ Request for cancellation of return of overpaid payment for veterans benefits
Ⅲ. Expected Effects
○ By analyzing trends in the latest administrative redeliberations in major areas, major issues and legal principles can be systematically organized and used as basic research data in related fields in the future
○ Contribute to the development of legislative policies by drawing up improvements in the legal system following the decision of administrative appeals and using them as basic data necessary for the improvement of statutes in related fields in the future.