운전면허 행정심판제도 개선방안 연구 -운전면허행정처분 이의신청제도와의 통합을 중심으로- = A Study on the Improvement of the Administrative Appeals System for Driver’s License Sanctions

다국어 초록 (Multilingual Abstract)

In modern society, transportation is an indispensable element of daily life for citizens, and a driver's license holds significance beyond mere qualification. A driver's license is directly linked to the realization of various fundamental rights, such as the right to mobility, occupational activities, and the means of livelihood. Therefore, administrative decisions regarding the issuance and maintenance of a driver's license have a significant impact on the rights and interests of citizens. In particular, administrative decisions that suspend or revoke a driver's license can restrict citizens' right to life and freedom of occupation, so the procedures for protecting these rights need to be practical, quick, and fair. Our legal system has both an appeal system and an administrative review system to protect people from these decisions.
The appeal system, based on Article 94 of the Road Traffic Act, serves as an internal administrative control mechanism characterized by simplicity and speed, but it has been criticized for lacking fairness and independence. On the other hand, administrative review, based on Article 107(3) of the Constitution and the Administrative Review Act, is a quasi-judicial procedure that is evaluated as a more stable means of rights protection in terms of independence and effectiveness. However, in reality, there have been persistent criticisms that the practical effectiveness of rights protection has been undermined due to functional overlap between the two systems and prolonged procedures.
In particular, considering that a significant number of driver's license administrative dispositions are administrative acts with mass and repetitive characteristics, it is necessary to review whether the current division of roles and procedural design between appeals and administrative appeals adequately balance the values of legal stability and the protection of citizens' rights and interests. Furthermore, regional disparities in mitigation criteria and the lack of transparency in the discretion exercised by administrative agencies act as factors undermining the predictability and reliability of administrative actions.
This study aims to analyze the legal structure and operational realities of the objection and administrative review systems for driver's license administrative sanctions, and to propose improvement directions for establishing the relationship between the two systems and ensuring the effectiveness of rights remedies. Specifically, by comprehensively examining legal grounds, procedural structures, the exercise of administrative discretion, processing deadlines, and the consistency of mitigation criteria, this study aims to provide practical and academic foundational materials for future discussions on institutional reforms.