행정절차법상 ‘위반사실 등의 공표’에 관한 소고

Abstract

Under the ｢Administrative Procedure Act｣, the “publication of violations, etc.” was enacted in 2022. Many individual laws stipulate the publication of violations, and each individual law has inconsistent party protection regulations, and there are even individual laws that do not have party protection regulations. Administrative law academia has consistently pointed out these problems, and such efforts have resulted in the publication of violations under the ｢Administrative Procedure Act｣. However, it would be reasonable to admit only when the public's public interest in preventing the spread of damage to important interests such as public health and safety is recognized because the announcement of the violation can cause significant damage to the party and even if the party's protection regulations are established. On the other hand, it is questionable whether it is reasonable to utilize the public announcement of violations for the public interest of managing the national treasury through voluntary redemption of subsidies. Therefore, it is thought that in the future, research on the publication of violations under the ｢Administrative Procedure Act｣ and existing individual laws should be conducted together. In addition, if you analyze the provisions of the publication of violations under the ｢Administrative Procedure Act｣, administrative power may be abused, and the procedural regulations are not yet complete in the enforcement decree and enforcement regulations for the protection of the parties. In particular, unlike the announcement of violations, preliminary measures such as the initiation of investigation of ingredients do not have the opportunity to give prior notice and submit opinions that can be received in the disposal process as a pre-disposal step, and such measures are reported to the media to guarantee the people's right to know, causing irreparable damage to the parties. Therefore, external experts should be involved in each publication stage to prevent abuse of administrative power, and the protection of the parties should be strengthened by quickly supplementing specific procedures for publication. In addition, the announcement of violations under the ｢Administrative Procedure Act｣ should be revised to include pre-disposal measures, and it is necessary to consider the introduction of a preliminary relief system as well as strengthening post-mortem remedies for damages.