인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
The purpose of this paper is to relieve citizens through administrative appeals from any infringement of rights or interests due to an illegal or unreasonable disposition or omission of public power by administrative agencies, thereby achieving a due operation of administration.
This paper is mainly on ① Period for Appeal, ② Method of Appeals, ③ Suspension of Execution, ④ Provisional Disposition.
① Period for Appeal : An appeal shall be brought within 90 days from the date on which an appellant becomes aware that a disposition has been made. No appeal may be brought after 180 days pass from the date a disposition is made: Provided, That in cases where any extenuating ground exists, the same shall not apply.
② Method of Appeals : An appeal shall be raised in writing. In cases of appeals against disposition, the following matters shall be included in the written appeal for adjudication : ㉠ Name, address or office of the appellant, ㉡ The appellee and the commission, ㉢ Details of a disposition against which the appeal has been brought, ㉣ Date on which the appellant becomes aware that a disposition has been made, ㉤Purport and reason of appeal, ㉥ Whether the administrative appeal is notified to the appellee, and the details of such notification, if any.
③ Suspension of Execution : No appeal shall adversely affect the effect of disposition, or execution thereof or continuation of proceedings. If the commission deems that it is urgent to prevent a possible serious loss to be caused by a disposition or execution thereof or continuation of proceedings, it may, ex officio or upon request by the party, decide to suspend the whole or part of the effect of such disposition, or execution of disposition or continuation of proceedings. Provided, That in cases where the object of a suspension of the effect of the disposition is attainable by suspending the execution of the disposition or continuation of proceedings, suspension of the effect of the disposition itself shall not be permitted.
④ Provisional Disposition : In cases where a disposition or ommission is deemed to be illegal and unfair and thus it is necessary to grant temporary status to prevent a serious disadvantage or urgent danger that the disposition or omission might cause to the party, the commission may issue a provisional disposition ex officio or upon request by the party.
#행정심판법
#행정심판
#행정심판기간
#행정심판방식
#집행정지
#임시처분
#Administrative Appeals Act
#Administrative Appeals
#Period for Appeal
#Method of Appeals
#Suspension of Execution
#Provisional Disposition
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목차
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