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Administrative appeals act

제4편 행정일반 행정심판법

ADMINISTRATIVE APPEALS ACT

Act No. 3755, Dec. 15, 1984

Amended by Act No. 4017, Aug. 5, 1988

Act No. 4408, Nov. 30, 1991

Act No. 5000, Dec. 6, 1995

Act No. 5370, Aug. 22, 1997

Act No. 5600, Dec. 28, 1998

Act No. 7796, Dec. 29, 2005

Act No. 8871, Feb. 29, 2008

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is, through the procedure of administrative appeals, to relieve citizens from any infringement of rights or interests due to an illegal or unreasonable disposition or other exercise or non-exercise of public power by administrative agencies, thereby to achieve a proper operation of administration.

Article 2 (Definitions)

(1) For the purpose of this Act, <Amended by Act No. 5370, Aug. 22, 1997; Act

No. 8871, Feb. 29, 2008>

1. the term disposition means an exercise of public power or rejection
thereof as an execution of law with respect to a concrete fact by an administrative agency, and other administrative actions corresponding
to such exercise or rejection;
2. the term omission means a situation in which an administrative agency fails to do make a certain disposition with respect to any application
made by the party concerned, which it is legally obliged to do so in a reasonable period;
3. the term ruling means judgment, with respect to an administrative
appeal, made by the administrative appeals commission under Article
5.
(2) In application of this Act, the term administrative agency includes

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ADMINISTRATIVE APPEALS ACT

an administrative organ, a public organization and its institution, or a
private person to whom administrative authority has been delegated or entrusted under Acts and subordinate statutes.

Article 3 (Objects of Administrative Appeals)

(1) Except as otherwise provided for by other Acts, an administrative appeal against a disposition or omission an administrative agency may be instituted under this Act.
(2) Except as otherwise provided for by other Acts, no administrative appeal against a disposition or omission by the President may be instituted.

Article 4 (Categories of Administrative Appeals)

Administrative appeals shall be divided into three categories as follows:
1. Appeals for revocation: Appeals for a cancellation or alteration of ille- gal or unreasonable disposition by an administrative agency;
2. Appeals for affirmation of nullity, etc.: Appeals for affirmation of the
effectiveness or ineffectiveness of a disposition by an administrative agency, or the existence or non-existence of such disposition;
3. Appeals for performance of obligation: Appeals for a certain dispo-
sition being made against an illegal or unreasonable disposition of refusal or omission by an administrative agency.

CHAPTER Ⅱ APPEALS AGENCIES

Article 5 (Establishment of Administrative Appeals Commissions)

(1) In order to examine and make a ruling on a request for administrative appeal (hereinafter referred to as request for appeal ) for disposition or omission by an administrative agency, except complying with the provisions
of paragraphs (2) through (4), an administrative appeals commission shall be established under the control of the immediately higher administrative agency of the relevant administrative agency. <AmendedbyActNo.8871,Feb.

29, 2008>

(2) In order to examine and make a ruling on a request for appeal for
disposition or omission by any administrative agency as prescribed in the following subparagraphs, an administrative appeals commission shall be
established under the control of the relevant administrative agency:

<AmendedbyActNo.4017,Aug.5,1988;ActNo.4408,Nov.30,1991;ActNo.5600,Dec.

28, 1998; Act No. 8871, Feb. 29, 2008>

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1. The heads of agencies under direct control of the President;
2. The Secretary General of the National Assembly, the Minister of the Office of Court Administration, the Secretary General of the Consti- tutional Court and the Secretary General of the National Election Commission;
3. Other administrative agencies having no supervisory administrative agency under whose jurisdiction they are.
(3) In order to examine and make a ruling on a request for appeal for disposition or omission referred to in the following subparagraphs, an administrative appeals commission under the Prime Minister shall be established in the Anti-Corruption and Civil Rights Commission under the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter referred to as the Anti-Corruption and Civil Rights Com- mission ): <Amended by Act No. 8871, Feb. 29, 2008>
1. Disposition or omission by the Special Metropolitan City Mayor, Metro-
politan City Mayor, Do Governor, Governor of Jeju Special Self-
Governing Province (including the superintendent of an office of education; hereinafter the same shall apply), and other disposition or omission by the Prime Minister or a central administrative agency falling under the immediately higher administrative agency or the competent supervisory administrative agency;
2. Disposition or omission by state special local administrative agencies established pursuant to Article 3 of the Government Organization Act or the provisions of other Acts (excluding state special local ad- ministrative agencies belonging to central administrative agencies prescribed by Presidential Decree);
3. Disposition or omission by the Prime Minister or each Minister of the
Administration.
(4) In order to examine and make a ruling on a request for appeal for
disposition or omission by state administrative agencies of various levels under the jurisdiction of the Special Metropolitan City Mayor, Metropolitan
City Mayor, Do Governor or Governor of Jeju Special Self-Governing
Province, or of autonomous administrative agencies in the area under his/
her jurisdiction, administrative appeals commissions shall be established

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ADMINISTRATIVE APPEALS ACT

under the control of the Special Metropolitan City Mayor, Metropolitan
City Mayor, DoGovernor or Governor of Jeju Special Self-Governing Province
respectively. <Amended by Act No. 5000, Dec. 6, 1995; Act No. 8871, Feb. 29, 2008>
(5) Deleted. <by Act No. 8871, Feb. 29, 2008>

Article 6 (Formation of Administrative Appeals Commissions)

(1) Deleted. <by Act No. 8871, Feb. 29, 2008>
(2) An administrative appeals commission (excluding the administrative appeals commission under the Prime Minister; hereafter the same shall
apply in this Article) shall be comprised of not more than 15 members,
including one chairman. <Amended by Act No. 8871, Feb. 29, 2008>
(3) The chairman of an administrative appeals commission shall be an administrative agency to which the relevant administrative appeals com-
mission belongs, and may, if necessary, have an public official under its control act for him. <Amended by Act No. 8871, Feb. 29, 2008>
(4) The members of administrative appeals commission shall be com-
missioned or nominated by an administrative agency to which the relevant administrative appeals commission belongs, from among persons falling
under any of the following subparagraphs or public officials under its control:

<AmendedbyActNo.5600,Dec.28,1998;ActNo.7796,Dec.29,2005;ActNo.8871,Feb.

29, 2008>

1. Those who are qualified as attorney-at-law;
2. Those who are or were in a position of associate professor or higher teaching law at schools as prescribed in subparagraph 1 or 3 of Article
2 of the Higher Education Act;
3. Those who were public officials of Grade Ⅳ or higher in the adminis- trative agencies or public officials in general service who belong to the Senior Civil Service, or those who are learned and experienced in the
administrative adjudication.
(5) Meeting of an administrative appeals commission shall be comprised of the chairman and six members designated by the chairman for each meeting, always including four or more persons falling under any sub- paragraph of paragraph (4).
(6) An administrative appeals commission shall make a decision with the attendance of a majority of all the members under paragraph (5) and by a concurrent vote of a majority of members present.

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(7) The structure and operation of an administrative appeals commis-
sion, the term of offices of members, guarantee of their status, and other necessary matters, shall be determined by Presidential Decree: Provided,
That among those agencies under Article 5 (2) 2, in cases of the Secretary
General of the National Assembly, such matters shall be determined by the National Assembly Regulations; in cases of the head of the Office of
Court Administration, by the Supreme Court Regulations; in cases of the
Secretary General of the Constitutional Court, by the Constitutional Court
Regulations; and in cases of the National Election Commission, by the
National Election Commission Regulations, respectively.

[This Article Wholly Amended by Act No. 5000, Dec. 6, 1995]

Article 6-2 (Formation of Administrative Appeals Commission under Prime

Minister)

(1) Deleted. <by Act No. 8871, Feb. 29, 2008>
(2) The administrative appeals commission under the Prime Minister
shall be comprised of fifty or less members including one chairman, and its full-time members, of not more than two. <AmendedbyActNo.5370,Aug.

22, 1997; Act No. 5600, Dec. 28, 1998>

(3) The chairman of the administrative appeals commission under the Prime Minister shall be one person from among the vice chairmen of the Anti-Corruption and Civil Rights Commission, and may, if necessary, have a standing member perform the affairs of the chairman by proxy. <Amended

by Act No. 8871, Feb. 29, 2008>

(4) A full-time member of the administrative appeals commission under
the Prime Minister shall be designated from among state public officials in special service, and appointed by the President through the Prime Min- ister upon recommendation of the chairman of the administrative appeals
commission under the Prime Minister, from among those who have served as public officials of Grade Ⅲ or higher or as public officials in general service who belong to the Senior Civil Service for three or more years, or among
those who are learned and experienced in administrative adjudications, and his/her term of office shall be three years, and may be consecutively reappointed only once. <AmendedbyActNo.7796,Dec.29,2005;ActNo.8871,Feb.

29, 2008>

(5) Non-standing members of the administrative appeals commission under the Prime Minister shall be commissioned or nominated by the Prime

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ADMINISTRATIVE APPEALS ACT

Minister on the recommendation of the chairman of the administrative
appeals commission under the Prime Minister from among persons falling under any subparagraph of Article 6 (4). <AmendedbyActNo.8871,Feb.29,

2008>

(6) Meeting of the administrative appeals commission under the Prime
Minister shall be comprised of nine persons including the chairman, a full-time member, and members designated by the chairman for each meeting.
Five or more persons falling under any subparagraph of Article 6 (4) shall be included in the members designated by the chairman. <Amended by Act No. 5600, Dec. 28, 1998>
(7) The administrative appeals commission under the Prime Minister shall make a decision with the attendance of a majority of the members under paragraph (6), and by a concurrent vote of a majority of members
present.
(8) The administrative appeals commission under the Prime Minister may have a subcommission or specialized commission, if necessary for prior
examination of a case of an appeal request designated by the chairman
(hereinafter referred to as case ). <Newly Inserted by Act No. 5600, Dec. 28,

1998; Act No. 8871, Feb. 29, 2008>

(9) The structure and operation of the administrative appeals commission
under the Prime Minister, the term of offices of the members, the guarantee of their status, and other necessary matters, shall be determined by
Presidential Decree.

[This Article Newly Inserted by Act No. 5000, Dec. 6, 1995]

Article 7 (Exclusion, Challenge and Refrainment of Members)

(1) If any member of administrative appeals commissions under Article
6 or the administrative appeals commission under the Prime Minister under Article 6-2 (hereinafter referred to as commission ) falls under any of the following subparagraphs, he/she shall be excluded from examination or ruling on the relevant case: <AmendedbyActNo.5000,Dec.6,1995;ActNo.

5600, Dec. 28, 1998; Act No. 8871, Feb. 29, 2008>

1. Where a member or his/her spouse or ex-spouse, becomes the party
to the case in question, or bears the relationship of co-obligees or co-obligors with the case in question;
2. Where a member is or was a relative of the party to the case in ques- tion;

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제4편 행정일반 행정심판법

3. Where a member has testified or appraised with respect to the case
in question;
4. Where a member is or was involved in the case in question as a representative of any party;
5. Where a member has taken part in the disposition or omission which
is the object of the case in question.
(2) If there is any circumstance in which it is difficult to expect a fair examination or ruling from any member, the party may file a request for
challenging him. In such cases, the chairman of the commission shall make a decision on such request for challenge without a resolution of the commission. <Amended by Act No. 5000, Dec. 6, 1995; Act No. 8871, Feb. 29, 2008>
(3) If a member falls under any of the causes referred to in paragraph (1) or (2), he/she may refrain himself/herself from examination and ruling of the relevant case. <Amended by Act No. 8871, Feb. 29, 2008>
(4) The provisions of paragraphs (1) through (3) shall apply mutatismutandis
to employees other than members, who participate in the affairs concerning
examination and ruling of any case. <Amended byAct No. 8871, Feb. 29, 2008>

Article 7-2 (Legal Fiction as Public Official in Application of Penal

Provisions)

Members of the commission who are not public officials shall be deemed public officials in the application of the penal provisions under the Criminal Act and other Acts.

[This Article Newly Inserted by Act No. 5600, Dec. 28, 1998]

Article 8 (Succession to Power of Commission)

(1) Where a commission has, after receiving an appeal, lost the power to make a ruling on the appeal due to a revision or repeal of Acts and subordinate statutes or a decision of replacement of the appellee under
Article 13 (5), the relevant commission shall send a written appeal, related documents, and other materials to the commission which is newly authorized to make a ruling on the appeal. <Amended by Act No. 5600, Dec. 28, 1998; Act

No. 8871, Feb. 29, 2008>

(2) In cases referred to in paragraph (1), the commission which has received
such documents, etc., shall promptly notify the fact to the person filing the appeal (hereinafter referred to as appellant ), the other party (here- inafter referred to as appellee ) and an intervenor. <Amended by Act No.

8871, Feb. 29, 2008>

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ADMINISTRATIVE APPEALS ACT

CHAPTER Ⅲ PARTIES AND INTERESTED

PERSONS

Article 9 (Qualification for Appellant)

(1) An appeal for revocation may be filed by a person having a legal interest to seek the revocation or alteration of a disposition. The same shall apply to a person having a legal interest to be recovered by the revocation of a disposition, even after the effect of such disposition has been extinguished due to the expiration of period, execution of disposition or other causes. (2) An appeal for affirmation of nullity, etc. may be filed by a person having a legal interest to seek an affirmation as to whether a disposition is valid or not, or a disposition exists or not.
(3) An appeal for performance of an obligation may be filed by a person having a legal interest to seek a certain disposition against disposition of refusal or omission by an administrative agency.

Article 10 (Unincorporated Association or Foundation)

Any unincorporated association or foundation whose representative or manager is appointed may file an appeal in his/her name.

Article 11 (Selected Representative)

(1) When two or more appellants file an appeal jointly, three or less representatives from them may be selected.
(2) If appellants fail to select representatives under paragraph (1), a commission may, if necessary, recommend them to select their repre- sentatives.
(3) Selected representatives may perform all activities relating to the
relevant case on behalf of the other appellants: Provided,That with respect
to a withdrawal of the appeal by any selected representative, all the appellants
selecting other representatives shall consent, and the fact that such consent is given shall be expressed in writing.
(4) If representatives are selected, the other appellants may perform
activities relating to the relevant case only through such representatives. (5) The appellants who have designated representatives may, if necessary,
discharge or change the representatives. In such cases, the appellants
shall notify it without delay to the commission. <Amended by Act No. 5000, Dec. 6, 1995>

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제4편 행정일반 행정심판법

Article 12 (Succession to Position of Appellant)

(1) If an appellant is dead, the heir and another person who, under other Acts and subordinate statutes, has succeeded to the right or interest related to the disposition against which an appeal is raised, shall succeed to his/ her position.
(2) If there is a merger with respect to an appellant who is a juristic person and an incorporated association or foundation referred to in Article
10 (hereinafter referred to as juristic person, etc. ), the juristic person, etc. continuing to exist after the merger or newly established by the merger shall succeed to the position of such appellant.
(3) In cases referred to in paragraphs (1) and (2), a person who has succeeded to the position of appellant shall report in writing the reasons therefor to a commission. In such cases, such report shall be accompanied by a document proving the succession to right or interest due to a death, etc., or the fact of merger.
(4) In cases referred to in paragraph (1) or (2), if a notification or other act has been made to a person who died or a juristic person having existed before merger until the date of report under paragraph (3), and reaches his/her successor, the notification or act is effective, as such, to the successor.
(5) Any person who has been transferred the right or interest related to the disposition which is the object of appeal, may be succeeded to the position of appellant with permission of the commission.

Article 13 (Eligibility for and Correction of Appellee)

(1) An appeal for adjudication shall be filed by designating the relevant administrative agency as an appellee: Provided, That in cases where the power pertaining to the disposition or omission has been transferred to another administrative agency, the appellee shall be the administrative agency having received to such power.
(2) If an appellant has made a mistake in designating the appellee, a commission may, upon a request of the party or ex officio, correct the appellee.
(3) When a commission has made a decision on replacement of the appellee under paragraph (2), it shall serve an original copy of the decision to the party and new appellee.

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ADMINISTRATIVE APPEALS ACT

(4) When a decision has been made under paragraph (2), an appeal for
adjudication against the previous appellee shall be deemed to have been withdrawn, and an appeal for adjudication against the new appellee, to
have been filed initially.
(5) If circumstances referred to in the provisions of paragraph (1) have occurred after filing an appeal, a commission shall, upon the request of
the party or exofficio, replace the appellee by decision. In such cases,
the provisions of paragraphs (3) and (4) shall apply mutatis mutandis.

Article 14 (Appointment of Agents)

(1) An appellant may, in addition to legal agents, appoint agents from among any persons falling under any of the following subparagraphs:

<Amended by Act No. 5370, Aug. 22, 1997>

1. Spouse, lineal ascendants and descendants or brothers and sisters of the appellant;
2. Officers or employees of a juristic person who is the appellant;
3. Attorneys-at-law;
4. Persons who are entitled to represent an appeal for adjudication under the provisions of other Acts;
5. Persons, other than those provided for in subparagraphs 1 through
4, who have obtained permission from a commission.
(2) An appellee may appoint as his/her representative any person who
is employed by him/her or who falls under paragraph (1) 3 through 5. (3) The provisions of Article 11 (3) and (5) shall apply mutatismutandis
to cases referred to in paragraphs (1) and (2).

Article 15 (Qualification of Representative, etc.)

(1) The qualification of a representative, manager, selected represen- tative or agent shall be attested in writing.
(2) If a representative, manager, selected representative or agent has become disqualified, the appellant shall report in writing the fact to the
commission.

Article 16 (Intervention)

(1) Any third person or administrative agency having interests in the results of appeal may intervene in the relevant case with permission of a commission. (2) If it is deemed necessary, a commission may request a third person or administrative agency having interests in the results of appeal to inter- vene in the relevant case.

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(3) A third person or administrative agency shall, upon receiving a request
referred to in paragraph (2), notify without delay to the commission his/her intention to intervene or not to intervene in the relevant case.

CHAPTER Ⅳ APPEAL FOR ADJUDICATION

Article 17 (Presentation of Written Appeal for Adjudication)

(1) A written appeal for adjudication shall be presented to the administrative agency which is the appellee or the commission. <AmendedbyActNo.5000,

Dec. 6, 1995; Act No. 8871, Feb. 29, 2008>

(2) If an appellant has presented a written appeal to a wrong administra-
tive agency because the competent administrative agency has failed to notify or made a mistake in notifying him/her under Article 42, that
administrative agency shall immediately send such written appeal to the
competent administrative agency. <Amended by Act No. 5000, Dec. 6, 1995>
(3) If an administrative agency which has received a written appeal under paragraph (1) or (2), finds that such appeal is well-grounded, it shall
make disposition or affirmation in conformity with such appeal, and notify it without delay to the commission and the appellant. <AmendedbyActNo.

8871, Feb. 29, 2008>

(4) An administrative agency shall send a written appeal to the commission
within ten days after receiving it, unless it makes disposition or confirmation
in conformity with the purport of the request for appeal and notifies the commission and the appellant of such disposition or confirmation under
paragraph (3), or unless the appellant withdraws the request for appeal
under Article 30 (1). <AmendedbyActNo.5600,Dec.28,1998;ActNo.8871,Feb.

29, 2008>

(5) In sending a written appeal under paragraph (4), even though there
is no designation or wrong designation of the commission on the written appeal, the administrative agency shall send it to the competent commission.

<Amended by Act No. 8871, Feb. 29, 2008>

(6) In cases of sending under paragraph (2) or (5), it shall be notified
to the appellant, without delay.
(7) In calculating the period for appeal under Article 18, an appeal shall be deemed to have been brought at the time when the written appeal
has been presented to the administrative agency which is the appellee
or the commission referred to in paragraph (1), and the administrative

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ADMINISTRATIVE APPEALS ACT

agency referred to in paragraph (2). <Amended by Act No. 5000, Dec. 6, 1995;

Act No. 8871, Feb. 29, 2008>

Article 17-2 (Presentation of Written Answer)

(1) When the commission has received a written appeal for adjudication pursuant to Article 17 (1), it shall send its duplicate to the appellee without delay, and the appellee shall present a written answer to the commission
within ten days from the date when he/she has received its duplicate. (2) When the appellee sends a written appeal for adjudication to the commission pursuant to Article 17 (4), he/she shall attach a written answer
thereto.
(3) Grounds and reasons of disposition or omission shall be specified and answers corresponding to the effect and reason of an appeal for adjudication
shall be stated in a written answer referred to in paragraphs (1) and (2). (4) Duplicates corresponding to the number of other parties concerned shall be attached to a written answer.
(5) When the appellee has presented a written answer, the commission shall send its duplicates to other parties concerned.
(6) When the third party has made an appeal for adjudication, the
commission shall notify the other party to the disposition.
(7) When the appellee presents a written appeal for adjudication and written answer to the commission pursuant to paragraphs (1) through (3), he/she
shall notify any administrative agency according to the classification referred to in the following subparagraphs of the details of such appeal for adjudication and answer:
1. Appeal for adjudication on Article 5 (3) 1: The Prime Minister or a central administrative agency falling under the immediately higher administrative agency or the competent supervisory administrative
agency;
2. Appeal for adjudication on Article 5 (3) 2: A central administrative agency to which the relevant state special administrative agency belongs.

[This Article Newly Inserted by Act No. 8871, Feb. 29, 2008]

Article 18 (Period for Appeal)

(1) An appeal shall be brought within 90 days from the date on which an appellant knows that a disposition has been made. <Amended by Act No. 5000, Dec. 6, 1995>
(2) If an appellant has been unable to bring an appeal within a period

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prescribed in paragraph (1) due to forcemajeure, such as natural disasters,
war, emergency or others, he/she may bring the adjudication within 14 days from the date on which the cause thereof no longer exists: Provided,
That in cases where an appeal is brought in a foreign country, the period shall be 30 days.
(3) No appeal may be brought after the passage of 180 days after a dispo-
sition has been made: Provided, That in cases where any justifiable ground
exists to the contrary, the same shall not apply.
(4) The period referred to in paragraphs (1) and (2) shall be a peremptory
term.
(5) In cases where an administrative agency informed by mistake an appeal period longer than that prescribed in paragraph (1), if an appeal has been
brought in the period so mistakenly informed, the appeal shall be considered to have been brought within the period prescribed in paragraph (1).
(6) When an administrative agency has failed to issue notice of the period
for an appeal, the appeal may be brought within the period referred to in paragraph (3).
(7) The provisions of paragraphs (1) through (6) shall not apply to an
appeal for affirmation of nullity, etc. and an appeal for performance of obligation which has been omitted.

Article 19 (Method of Appeals)

(1) An appeal shall be brought in writing.
(2) In cases of appeals against disposition, the following matters shall be stated: <Amended by Act No. 8871, Feb. 29, 2008>
1. Name and address of the appellant;
2. Administrative agency which is the appellee, and the commission;
3. Details of a disposition against which the appeal has been brought;
4. Date on which the appellant knows that a disposition has been made;
5. Purport and reason of appeal;
6. Whether or not the administrative agency which has made a disposition
is notified, and, if any, the details of such notification.
(3) In cases of appeals against omission, the details and date of the application with respect to which the omission occurred, shall be mentioned
in addition to the matters referred to in paragraph (2) 1, 2 and 5. (4) If the appellant is a juristic person, etc. or the appeal is brought by
a selected representative or agent, the name and address of such repre-

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ADMINISTRATIVE APPEALS ACT

sentative, manager, seleccted representative or agent shall be stated in
addition to the matters referred to in paragraphs (2) and (3).
(5) The document referred to in paragraph (1) shall be signed and sealed
by the appellant, representative, manager, selected representative or agent.

Article 20 (Alteration of Appeal)

(1) An appellant may alter the purport or reason of appeal without altering the grounds of appeal.
(2) When an appellee alters the disposition against which the appeal is brought after the date of appeal, the appellant may alter the purport or
reason of the appeal in conformity with such alteration of disposition. (3) Application for an alteration of appeal shall be made in writing.
(4) A duplicate of the written application under paragraph (3) shall be
served to the other party.
(5) If the commission deems that the alteration of appeal is groundless, it may, upon a request or exofficio, decide not to permit the alteration.

Article 21 (Suspension of Execution)

(1) An appeal shall not adversely affect the effect of disposition, or exe- cution thereof or continuation of procedure.
(2) If the commission deems that it is urgently necessary to prevent an irrecoverable damage to be caused by a disposition, or execution thereof
or continuation of procedure, it may, upon a request of the party or ex

officio,decide to suspend the whole or part of the effect of such disposition,

or execution thereof or continuation of procedure (hereinafter referred to as suspension of execution ): 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 procedure, suspension of the effect of the disposition itself shall not be permitted. <Amendedby

Act No. 5370, Aug. 22, 1997; Act No. 8871, Feb. 29, 2008>

(3) If a suspension of execution might have a serious adverse effect on
public welfare, it shall not be permitted.
(4) If a suspension of execution has a serious adverse effect on public welfare or the cause therefor has disappeared after deciding to suspend the execution, the commission may, upon a request of the party or ex officio, cancel the suspension of execution. <Amended by Act No. 5370, Aug.

22, 1997; Act No. 8871, Feb. 29, 2008>

(5) If the party concerned desires to request the suspension of execution,

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the party shall submit to a commission a document including the purport
and reasons of such request together with a copy and receipt certificate of a written appeal at the time of, or prior to the ruling of, an appeal
for adjudication, and if the party desires to request the cancellation of such suspension of execution, prior to the ruling concerning an appeal
for adjudication after the decision of suspension of execution: Provided,
That when the appeal for adjudication is pending in the commission, the
copy and receipt certificate of a written appeal are not required. <Amended

by Act No. 5370, Aug. 22, 1997; Act No. 8871, Feb. 29, 2008>

(6) Notwithstanding the provisions of paragraphs (2) and (4), if it is deemed
that the procedure of the examination and decision of a commission may
cause an irrecoverable damage, the chairman of the commission may, ex

officio, make a decision in lieu of such examination and decision. In such

cases, the chairman shall report it to the commission for approval, and
if he/she fails to obtain the approval, the chairman shall cancel the decision of the suspension of execution or of the cancellation of the suspension
of execution. <Newly Inserted by Act No. 5000, Dec. 6, 1995; Act No. 5370, Aug. 22,

1997; Act No. 8871, Feb. 29, 2008>

(7) If a commission renders the examination and decision on the suspension
of execution or the cancellation thereof, it shall, without delay, send a written decision to the party concerned. <NewlyInsertedbyActNo.5370,Aug.

22, 1997; Act No. 8871, Feb. 29, 2008>

(8) Deleted. <by Act No. 8871, Feb. 29, 2008>

CHAPTER Ⅴ EXAMINATION Article 22 Deleted. <by Act No. 8871, Feb. 29, 2008> Article 23 (Correction)

(1) If a commission deems that an appeal is unlawful, but correctable,
it shall require the correction with a reasonable period fixed: Provided,
That in cases where the matter to be corrected is insignificant in nature,
it may correct such appeal ex officio.
(2) The correction referred to in paragraph (1) shall be made in writing.
In such cases, the written correction shall be submitted together with duplicates corresponding to the number of the parties.
(3) A commission shall deliver without delay the duplicates submitted
under paragraph (2) to other parties.

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(4) If any correction is duly made under paragraph (1), the appeal shall
be deemed to have been brought lawfully from the beginning.
(5) The period for correction under paragraph (1) shall not be included
in the period for ruling under Article 34.

Article 24 Deleted. <by Act No. 8871, Feb. 29, 2008>

Article 25 (Supplement of Claim)

(1) If the party concerned deems it necessary to supplement the claims that he/she has made in a written appeal, written correction, written answer or written request for intervention, or to rebut claims of the other parties, he/she may submit a written supplement.
(2) In cases of paragraph (1), if the commission has fixed period for presenting such written supplement, the party shall submit it within the period.

Article 26 (Method of Trial)

(1) A commission may, if necessary, examine matters that the party has not claimed.
(2) The examination of an administrative appeal shall be made in an oral or written manner: Provided, That in cases where the party requests an
oral examination, the examination shall be done in an oral manner, except as it is deemed that the written examination is enough. <AmendedbyAct

No. 5000, Dec. 6, 1995>

(3) When a commission conducts an oral examination, it shall summon the party and interested persons at a determined date.

Article 26-2 (Confidentiality of Commission Meeting Proceedings)

The contents of members speeches during meetings of the commission, and other matters as prescribed by Presidential Decree which are likely to impede fairness in examination and decision-making by the commission if disclosed, shall not be disclosed to the public.

[This Article Newly Inserted by Act No. 5600, Dec. 28, 1998]

Article 27 (Presentation of Documentary Evidence, etc.)

(1) The party concerned may present documentary evidence or other evidence supporting his claim in addition to a written appeal, written correction, written answer or written request for intervention.
(2) Documentary evidence referred to in paragraph (1) shall be accom- panied by duplicates corresponding to the number of other parties.
(3) The commission shall, without delay, serve the duplicates of docu-

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ADMINISTRATIVE APPEALS ACT

mentary evidence presented by the party on the other parties.

Article 28 (Investigation of Evidence)

(1) If a commission deems it necessary for an examination of the case, it may, upon the request of the party or exofficio,conduct an investigation on the evidence by means of the following:
1. Inquiry of the party or person for reference;
2. Demand for presentation of papers, books, materials or other evidence held by the party or interested person, and provisional holding of them;
3. Issuance of an order for expert appraisal to a third person with special
knowledge and experience;
4. Verification of the nature or situation of related things, persons, places, and other matters.
(2) A commission may, if necessary, entrust the personnel of an admin- istrative agency to which the commission belongs, or other administrative
agency with the investigation of evidence referred to in paragraph (1).

<Amended by Act No. 5000, Dec. 6, 1995; Act No. 8871, Feb. 29, 2008>

(3) A commission may, if necessary, demand the presentation of nece-
ssary documents or statement of opinion from an administrative agency concerned.
(4) The party, etc. referred to in paragraph (1) and the head of the ad-
ministrative agency concerned referred to in paragraph (3), shall comply with and cooperate faithfully in any investigation, demand, etc. of the
commission. <Newly Inserted by Act No. 5000, Dec. 6, 1995>
(5) In case of an appeal for adjudication which the administrative appeals commission under the Prime Minister examines and makes a ruling,
administrative agencies according to the classification referred to in the
following subparagraphs may submit a written opinion or state an opinion:

<Amended by Act No. 8871, Feb. 29, 2008>

1. Appeal for adjudication on Article 5 (3) 1: The Prime Minister or a
central administrative agency falling under the immediately higher administrative agency or the competent supervisory administrative agency;
2. Appeal for adjudication on Article 5 (3) 2: The central administrative agency to which the relevant state special local administrative agency belongs.

Article 29 (Joinder or Separation of Procedure)

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ADMINISTRATIVE APPEALS ACT

If it is deemed necessary for examining related appeals, a commission
may join them into one, or separate the joined one into two or more.

Article 30 (Withdrawal of Appeal, etc.)

(1) An appellant may withdraw the appeal in writing before a ruling on the appeal is made.
(2) An intervenor may withdraw a request for intervention in writing before a ruling on the appeal is made.

CHAPTER Ⅵ RULING Article 31 Deleted. <by Act No. 8871, Feb. 29, 2008> Article 32 (Classification of Rulings)

(1) If an appeal is unlawful, a commission shall dismiss it. <Amendedby

Act No. 8871, Feb. 29, 2008>

(2) If a commission finds that an appeal is groundless, it shall reject the
appeal. <Amended by Act No. 8871, Feb. 29, 2008>
(3) If a commission finds that an appeal for revocation is well-grounded, it shall revoke or alter the disposition or order the administrative agency which made such disposition to revoke or alter it. <AmendedbyActNo.8871,

Feb. 29, 2008>

(4) If a commission finds that an appeal for affirmation of nullity, etc.
is well-grounded, it shall affirm whether or not a disposition is effective, or it exists. <Amended by Act No. 8871, Feb. 29, 2008>
(5) If a commission finds that an appeal for performance of obligation is
well-grounded, it shall promptly make a disposition in conformity with the request, or order to do so. <Amended by Act No. 8871, Feb. 29, 2008>

Article 33 (Circumstantial Ruling)

(1) If a commission finds that an appeal is well-grounded, but it does not conform at all to public welfare, it may make a ruling to reject the appeal. In such cases, the commission shall specify it in the text of the ruling that the disposition or omission is illegal or unreasonable. <Amended

by Act No. 8871, Feb. 29, 2008>

(2) In making a ruling under paragraph (1), the commission may take
measures of corresponding relief in favor of the appellant, or order the appellee to take such measures. <Amended by Act No. 8871, Feb. 29, 2008> (3) The provisions of paragraphs (1) and (2) shall not apply to an appeal

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for affirmation of nullity, etc.

Article 34 (Period for Ruling)

(1) A ruling shall be made within 60 days after the administrative agency which is an appellee or the commission has received a written appeal under Article 17: Provided, That if unavoidable circumstances exist to the contrary, a chairman may extend the period thereof to 30 days exofficio.

<Amended by Act No. 8871, Feb. 29, 2008>

(2) If a ruling period is extended under the proviso to paragraph (1),
the notification thereof shall be served on the parties concerned at least seven days before the ruling period expires. <AmendedbyActNo.8871,Feb.

29, 2008>

[This Article Wholly Amended by Act No. 5370, Aug. 22, 1997]

Article 35 (Method of Ruling)

(1) A ruling shall be made in writing.
(2) The following matters shall be stated in a written ruling under para- graph (1) and it shall be signed and sealed: <AmendedbyActNo.8871,Feb.

29, 2008>

1. Number and title of the case;
2. Name and domicile of the party, a representative or agent;
3. Text;
4. Purport of the appeal;
5. Reasons;
6. Date of ruling.
(3) A reasoning shall be included in the part of reasons in a written ruling at least necessary for justifying the text of the ruling.

Article 36 (Scope of Ruling)

(1) A commission shall not make any ruling on matters other than a disposition or omission which is the object of an appeal. <AmendedbyAct

No. 8871, Feb. 29, 2008>

(2) A commission shall not make any ruling more unfavorable for the
appellant than a disposition which is the object of an appeal. <Amended

by Act No. 8871, Feb. 29, 2008>

Article 37 (Binding Force, etc. of Ruling)

(1) A ruling shall bind the administrative agency which is an appellee, and other administrative agencies concerned.
(2) If a ruling is made ordering a disposition to which the request from

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ADMINISTRATIVE APPEALS ACT

the party was refused or not replied by omission, to be made, the
administrative agency concerned shall make without delay a new disposition regarding the previous request in conformity with the contents of such ruling. In such cases, if that administrative agency fails to make the disposition, the commission concerned may, upon the request of the party, order in writing that disposition to be made within a period fixed, and if it is not made within such period, it may make the disposition directly.

<Amended by Act No. 5000, Dec. 6, 1995; Act No. 8871, Feb. 29, 2008>

(3) The provisions of the former part of paragraph (2) shall apply mutatis

mutandis to cases where a disposition made upon the request is revoked by a ruling for its procedural illegality or unreasonableness. <Amendedby

Act No. 5370, Aug. 22, 1997>

(4) If the commission takes a direct disposition under the latter part of paragraph (2), it shall notify thereof the administrative agency concerned, which shall, upon receiving the notification of such fact, consider the disposition taken by the commission as its own and take necessary measures, such as management and supervision, pursuant to the related Acts and subordinate statutes. <NewlyInsertedbyActNo.5370,Aug.22,1997;ActNo.8871,

Feb. 29, 2008>

(5) If a disposition notified publicly pursuant to the provisions of Acts and subordinate statutes is revoked or altered by a ruling, the administrative
agency which has made the disposition, shall immediately issue a public notice that the disposition is revoked or altered.
(6) If a disposition notified to the interested persons other than the party
of the disposition pursuant to the provisions of Acts and subordinate stat- utes is revoked or altered by a ruling, the administrative agency which
has made the disposition, shall notify it without delay to the interested
persons that the disposition is revoked or altered.

Article 38 (Service and Effectiveness of Ruling)

(1) The commission shall serve without delay an exemplification of the written ruling on the party. In such cases, the administrative appeals commission under the Prime Minister shall also notify any administrative agency according to the classification referred to in the following subparagraphs of the result of ruling: <AmendedbyActNo.8871,Feb.29,2008>
1. Appeal for adjudication on Article 5 (3) 1: The Prime Minister or a

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central administrative agency falling under the immediately higher
administrative agency or the competent supervisory administrative agency;
2. Appeal for adjudication on Article 5 (3) 2: The central administrative
agency to which the relevant state special local administrative agency belongs.
(2) A ruling shall take effect at the time of service on the appellant under
paragraph (1) being made.
(3) The commission shall promptly serve certified transcripts of the written ruling on intervenors. <Amended by Act No. 8871, Feb. 29, 2008>
(4) If a ruling of revocation is made under Article 37 (3), the commission
shall serve without delay a certified transcript of the written ruling on the other party of the disposition. <Amended by Act No. 8871, Feb. 29, 2008>

Article 39 (Prohibition of Reappeal)

In cases where a ruling on any appeal is made, further appeal shall not be filed against the ruling concerned and the same disposition or omission.

[This Article Wholly Amended by Act No. 5000, Dec. 6, 1995]

CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS

Article 40 (Return of Documentary Evidence, etc.)

A commission shall, upon a request after a ruling, return without delay papers, books, materials and the originals of other documents presented under Articles 27 and 28 (1) 2 to the person who presented them. <Amended

by Act No. 8871, Feb. 29, 2008>

Article 41 (Service of Documents)

With respect to the method of document service under this Act, the provi- sions of the Civil Procedure Act relating to the service shall apply mutatis mutandis.

Article 42 (Notification)

(1) When an administrative agency makes a disposition in writing, it shall inform the other party of whether or not it is possible to bring an adminis- trative adjudication against the disposition, and if possible, the procedure and period for appeal. <Amended by Act No. 5000, Dec. 6, 1995>
(2) If an administrative agency has been requested from an interested person to inform whether or not the disposition in question is subject to

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ADMINISTRATIVE APPEALS ACT

an administrative adjudication, and to inform the commission and period
for adjudication, if it is subject to an administrative adjudication, it shall inform it without delay. In such cases, if it has been requested to inform
in writing, it shall inform it in writing. <Amended by Act No. 8871, Feb. 29,

2008>

Article 42-2 (Correction of Unreasonable Acts and Subordinate Statutes, etc.)

(1) In deliberating and resolving on an appeal for adjudication, if the ad-
ministrative appeals commission under the Prime Minister deems that subordinate statutes, etc. (referring to a Presidential Decree, Ordinance
of the Prime Minister or Ministry, directive, established rule, public notice,
Municipal Ordinance, Municipal Rule, etc.; hereinafter the same shall apply) which constitute grounds for dispositions or omissions, are re-
markably unreasonable, such as lack grounds of Acts and subordinate
statutes, are against superior Acts and subordinate statutes, or overburden citizens, it may request the relevant administrative agency to take proper
correction measures, such as the amendment and abolition of the related
subordinate statutes, etc.
(2) The relevant administrative agency which has received the request re- ferred to in paragraph (1), shall comply therewith unless justifiable reasons exist to the contrary.

[This Article Newly Inserted by Act No. 5370, Aug. 22, 1997]

Article 43 (Relation to Other Acts)

(1) With respect to an administrative adjudication, no exception to this Act shall be provided for in other Acts in disfavor of the appellant, unless it is expressly mandated considering a speciality and peculiarity of a case. (2) Even if an exception is provided for in other Acts with respect to an administrative adjudication, matters not provided for in such Acts shall be subject to the provisions of this Act.

Article 44 (Delegation of Authority)

Any part of insignificant nature among the authority of commissions under this Act may be delegated to the chairman, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Pres- idential Decree.

[This Article Newly Inserted by Act No. 5000, Dec. 6, 1995]

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ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on October 1, 1985.

Article 2 (Repeal of Acts)

The Petition Act shall hereby be repealed.

Article 3 (Transitional Measures)

(1) Except as otherwise provided by other Acts, this Act shall also apply to matters which have taken place before this Act enters into force: Pro- vided,That the effect which has already been produced under the previous Petition Act or other Acts before this Act enters into force, shall not be affected.
(2) With regard to a petition, demand for review, objection, and other appeal of dissatisfaction against an administrative agency (hereinafter referred to as the appeal, etc. ), filed before this Act enters into force, the provisions of the previous Petition Act or other related Acts shall apply even after this Act enters into force.
(3) With respect to a disposition against which the petition, etc. has not been brought at the time when this Act enters into force, and the period
for bringing the petition, etc. under the previous provisions of relevant Acts has already elapsed, no administrative adjudication under this Act may be brought.
(4) With respect to a disposition of an administrative agency which was
made before this Act enters into force, and against which the petition, etc. may be brought pursuant to the previous provisions of relevant Acts, but the period for bringing the petition, etc. is not prescribed, the period of the request for adjudication under this Act shall be counted from the date when this Act enters into force.

Article 4 (Amendment of Other Acts)

(1) Omitted.
(2) Where the previous Petition Act is cited or applied mutatismutandis
in other Acts, in addition to the cases as referred to in paragraph (1) of this Article, at the time when this Act enters into force, if there are provisions corresponding to such citation or application in this Act, such corresponding provisions of this Act shall be deemed cited or applied

mutatis mutandis in lieu of the previous provisions.

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ADMINISTRATIVE APPEALS ACT

ADDENDA <Act No. 4017, Aug. 5, 1988>

Article 1 (Enforcement Date)

This Act shall enter into force on September 1, 1988. (Proviso Omitted.)

Articles 2 through 8 Omitted.

ADDENDA <Act No. 4408, Nov. 30, 1991>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 and 3 Omitted.

ADDENDA <Act No. 5000, Dec. 6, 1995>

Article 1 (Enforcement Date)

This Act shall enter into force on April 1, 1996.

Article 2 (Transitional Measures)

(1) Any request for adjudications made before this Act enters into force, shall be subject to the previous provisions.
(2) No administrative adjudication may be made against any disposition for which no administrative adjudication has been made at the time when
this Act enters into force, and for which the period of the request for adjudication as set forth by the previous provisions has already elapsed.
(3) Notwithstanding the amended provisions of Articles 6 and 6-2, the
commission under the control of the ruling authority which is the head of the central administrative agency, shall deliberate and decide on any request for adjudication made before this Act enters into force, and continue to exist until such deliberation and decision are completed.

Article 3 Omitted.

ADDENDUM <Act No. 5370, Aug. 22, 1997>

This Act shall enter into force on October 1, 1997.

ADDENDA <Act No. 5600, Dec. 28, 1998>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) If the ruling authority, which is a state special

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local administrative agency under the previous provisions when this Act
enters into force, shall not be the ruling authority under the amended provisions of Article 5 (5), the state special local administrative agency shall
be deemed the ruling authority on the said request for appeals until a ruling
on a request for appeal raised before this Act enters into force is concluded.

ADDENDA <Act No. 7796, Dec. 29, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2006.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 8871, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures concerning Request for Administrative

Appeals Made before this Act Enters into Force)

A request for administrative appeal made before this Act enters into force shall be deemed to have been made pursuant to this Act: Provided, That a request for administrative appeal on which a commission has made a resolution before this Act enters into force shall be decided pursuant to
the previous provisions.

Article 3 (Transitional Measures concerning Commission)

A commission pursuant to the previous provisions at the time when this
Act enters into force shall be deemed to be the commission under this
Act.

Article 4 (Transitional Measures concerning Members of Commission) Members of a commission (excluding the chairman of the administrative appeals commission under the Prime Minister) pursuant to the previous provisions at the time when this Act enters into force shall be deemed to have been appointed or commissioned as members of the commission pursuant to this Act. In such cases, the term of office of members shall be the remaining period.

Article 5 Omitted.

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