국가인권위원회 진정제도에 관한 고찰 －행정소송, 행정심판, 심사청구 제도와의 비교를 중심으로－

Abstract

National Human Right Commission was established in 2001 as a national advocacy institution for human rights protection. It is committed to the fulfillment of human rights in a broader sense, including dignity, value and freedom of every human being, as signified in international human rights conventions and treaties to which Korea is a signatory. The missions or the Commission are to monitor potential civil rights violations committed by state authorities, to monitor state authorities and private actors to prevent any human rights infringements, to realize the principles and standards in human rights set forth in the Constitution of the Republic of Korea and international human rights treaties and conventions to which Korea is a party, to determine human rights violations and make policy recommendations in accordance with the principles set forth in the Constitution, international law and international customary law, to nurture a societal culture respecting and observing human rights, and to foster societal understanding and embrace of human rights through education programs and public awareness campaigns for the fundamental advancement of human rights. Here I studied on the remedy of petition system in National Human Right Commission, in the focus of comparing to judicial review, administrative appeal and request for examination in the Board of Audit and Inspection. The conclusion is that they are now in the competitive relationship in some aspects, and also in the complementary relationship in other aspects. I hope tahat this study is useful to cultivate the right relationships between all national remedy systems and build the proper position of petition system in National Human Right Commission in the whole national remedy systems.