행정조사와 변호인 참여권

Abstract

The assertion to have the right to counsel or let their counsel participate in administrative procedures does not necessarily stem from the principle of due process of law under the discussions of U.S. law. In other words, having a counsel to represent himself or herself may be a very important first step to protect the human rights of those who is subject to administrative investigations discussed under various Korean laws, but it is also necessary to consider that the right to participate may be somewhat nominal or unequal because the right to counsel in a criminal procedure setting, it is not an active right protected by the government, reaching to a point where a counsel is provided by the government as a right. Of course, I do not agree with the argument that the right to counsel in an administrative investigation should be deleted or denied because of such negative aspects, but rather, the right to counsel in an administrative investigation is not a basic constitutional right based on the principle of due process.