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KMID : 1124020040200030201
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Korean Social Security Studies
2004 Volume.20 No. 3 p.201 ~ p.227
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A legal study for instance appeal system in the administrative appellate system of the social insurance in Korea
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Han Seung-Whoon
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Abstract
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The administrative appeal system is a very important one which relieves the rights of social welfare clients. Administrative appeals review system is evidently valuable in that judicial review in agency action takes long time and high cost and has low expertise. But The administrative appeal system lacks carefulness and fairness compared with judicial review in agency action. The compensation of that point is to introduce the review instance system instead of stopping with only one time review. That is, we should pursue the way to instance reviews to the administrative appeal system similarly to the administrative litigation. This is possible because our country social insurance laws provide appeals procedures step by step. To make it possible, we should look into the legislation realities stipulated by the current social insurance laws, and investigate whether to operate in that way especially the relationship between the administrative litigation and the administrative judgement. This report tries the interpretation about it. After the first appeal, the judgement by the administrative judgement law is not supposed to be raised. We should apply the secondary appellate, waiting for the results, and if unsatisfied with them, we can institute the administrative litigation. This attitude of interpretation can be applied in other areas of social welfare. With the appeals procedure provisions like the social insurance, we could operate the instance appellate procedures.
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KEYWORD
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Social Insurance, Administrative Judgement, Social Insurance Administrative Judgement, Social Welfare Administrative Judgement, Appellate Procedure
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