Abstract
The hearing system in the context of the European Charter of Fundamental Rights is crucial in achieving ‘Good Administration.’ While recognized as a fundamental component of administrative procedures in South Korea, its practical utility appears to be limited. This article aims to emphasize the institutional problems and propose improvements in the current administrative review system, particularly focusing on realizing good administration. Firstly, the current selection process of hearing panelists does not ensure professionalism and fairness, often prioritizing government officials. It is suggested to adopt a comparative approach, akin to the U.S. Administrative Law Judge system, where a lawyer's qualification is a prerequisite. Additionally, establishing an independent administrative review body to guarantee operational independence is recommended. Secondly, there is a concern regarding the expansion of criteria for conducting hearings. For discretionary reviews, granting individuals the right to request a review is vital, rather than relying solely on the judgment of administrative agencies. Also, recognizing the need for a review in cases of refusals of profitable administrative actions is essential. Thirdly, concerning the hearing process itself, it is reasonable to publish the panelists' opinions in the interest of the involved parties, expand their rights to access information, and generally open up hearings to enhance transparency. Fourthly, concerning the effectiveness of hearing outcomes, it is deemed more suitable to operate with an acknowledgment of practical enforceability rather than bestowing legal binding force upon hearing outcomes. Lastly, to ensure the effectiveness of objections in alignment with recent amendments to the Administrative Basic Act, it is reasonable to introduce hearings within the objection process. Considering ways to link hearings with the results of administrative appeals is also necessary for the substantive realization of the hearing system.
Published Version
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