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Selected Statutes of the Republic of Korea |
제8편 법무 행정소송법
Wholly Amended by Act No. 3754, Dec. 15, 1984
Amended by Act No. 4017, Aug. 5, 1988
Act No. 4770, Jul. 27, 1994
Act No. 6626, Jan. 26, 2002
Act No. 6627, Jan. 26, 2002
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to relieve citizens from the infringement of their rights or interests by the illegal dispositions
of administrative
agencies and the exercise or non-exercise of public power, and settle properly disputes over the rights involved in public law or
the application
of law, through administrative litigation procedures.
Article 2 (Definitions)
(1) For the purpose of this Act, the definitions of terms shall be as follows:
1. The term disposition, etc. means the exercise of or refusal to ex- ercise public power by an administrative agency as function
of law enforcement in relation to a specific fact, other similar administrative
actions (hereinafter referred to as the disposition ) and an adju-
dication on the administrative appeal; and
2. The term omission means the failure of an administrative agency to take a certain disposition for a considerable period
of time, notwith-
standing its legal obligation to do so, against an application of a party. (2) In application of this Act, the term administrative
agencies shall include administrative organs, public entities and their organs or private persons delegated or commissioned with
administrative power under Acts
and subordinate statutes.
Article 3 (Classification of Administrative Litigations)
Administrative litigations shall be classified into the following four categories: <Amended by Act No. 4017, Aug. 5, 1988>
1. Appeal litigation: It means a litigation instituted against a disposition,
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etc. or an omission by an administrative agency;
2. Party litigation: It means a litigation concerning legal relation cause of which is a disposition, etc. by an administrative agency,
and a
litigation for legal relations in public law, in which one of the parties in the legal relationship is a defendant;
3. Public litigation: It means a litigation instituted by a person without
his own legal interests to seek the correction of illegal acts by the
State or a organs of public entities; and
4. Agency litigation: It means a litigation instituted when disputes arise
over the existence or non-existence and exercise of power between agencies of the State or organs of public entities, except for
a litigation
instituted against matters of which the Constitutional Court is in
charge under Article 2 of the Constitutional Court Act.
Article 4 (Appeal Litigation)
The appeal litigation shall be classified as follows:
1. Revocation litigation: it means a litigation instituted to revoke or alter an illegal disposition, etc. by an administrative
agency;
2. Litigation for affirmation of nullity, etc.: It means a litigation
instituted to seek the affirmation of effectiveness or ineffectiveness and the existence or non-existence of a disposition, etc. by
an admin- istrative agency; and
3. Litigation for affirmation of illegality of an omission: It means a litigation instituted to affirm the illegality of an omission
by an administrative agency.
Article 5 (Period Outside Country)
The period calculated under this Act shall be extended from fourteen to thirty days for the complement of a litigating act outside the country, from thirty days to sixty for a request for retrial by a third person outside the country, and from sixty days to ninety for the institution of a litigation outside the country.
Article 6 (Public Notice concerning Judgment of Unconstitutionality of
Orders or Regulations)
(1) When it becomes definite that an order or regulation is in contravention of the Constitution or Acts pursuant to the decision
of the Supreme Court
to an administrative litigation, the Supreme Court shall promptly notify the reason thereof to the Minister of Government Administration.
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제8편 법무 행정소송법
(2) Upon receiving the notice made by the Supreme Court in compliance
with paragraph (1), the Minister of Government Administration shall notice it in the Gazette without delay.
Article 7 (Transfer of Case)
The provisions of Article 34 (1) of the Civil Procedure Act shall also apply to a case where an administrative litigation is mistakenly instituted by a plaintiff without any intention and gross negligence to the court of any different instance. <Amended by Act No. 6626, Jan. 26, 2002>
Article 8 (Scope of Application)
(1) Except as otherwise provided for in other Acts, administrative lit- igations shall be governed by this Act.
(2) With respect to matters not provided for in this Act concerning ad- ministrative litigations, the provisions of the Court
Organization Act,
the Civil Procedure Act, and the Civil Execution Act shall apply mutatis
mutandis. <Amended by Act No. 6627, Jan. 26, 2002>
CHAPTER Ⅱ REVOCATION LITIGATION
SECTION 1 Jurisdiction
Article 9 (Jurisdiction)
(1) The court of the first instance, which has jurisdiction over a revo- cation litigation, shall be an administrative court having
jurisdiction over the location of the defendant: Provided, That a central administrative agency or its head is the defendant, the competent court shall be an administrative court in the
location of the Supreme Court.
(2) A litigation for revocation of a disposition concerning the expropri- ation of land, and real estate or a specific place may be
instituted with
an administrative court having jurisdiction over the location of the real
estate or the place.
[This Article Wholly Amended Act No. 4770, Jul. 27, 1994]
Article 10 (Transfer and Consolidation of Litigation for Related Claim) (1) In case where a revocation litigation and other litigation falling under any of the following subparagraphs (hereinafter referred to as the litigation for related claim ) are pending separately in different courts, the court in which the litigation for related claim is pending, when it deems
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considerable, may transfer, upon an application from the party or ex
officio, the other litigation to the court in which the revocation litigation
is pending:
1. Litigation for related claim concerning indemnification for damage, the restitution of an unjust enrichment and the restoration
of original
state, etc., which are related to the disposition, etc.; and
2. Litigation for revocation of the disposition, etc concerned.
(2) A litigation for related claim may be consolidated to a litigation for revocation until the pleading of fact-finding proceedings
is closed, or a
litigation for related claim against a person other than the defendant may be instituted with the court in which the revocation litigation
is pending
in consolidation with this.
Article 11 (Prior Question)
(1) In case where the effectiveness or ineffectiveness and existence or
non-existence of a disposition, etc. are a prior question for a civil litigation and the court in charge of it tries and decides the
question, the provisions
of Articles 17, 25, 26 and 33 shall apply mutatis mutandis.
(2) In case of paragraph (1), the court in charge of the litigation shall
notify the administrative agency that has made the disposition, etc. of the fact that the litigation has been made a prior question.
SECTION 2 Parties
Article 12 (Standing to Sue)
The revocation litigation may be instituted by a person having legal interests to seek the revocation of a disposition, etc. The
same shall also
apply to a person with legal interests to be restored by the revocation of a disposition even after the effect of such a disposition,
etc. is ex-
tinguished by the lapse of period, the execution of disposition, etc. and
other causes.
Article 13 (Standing to be Sue)
(1) Except as otherwise provided for in other Acts, the defendant to a
revocation litigation shall be the administrative agency that has made the disposition, etc. in question: Provided, That when the authority
pertaining to such a disposition, etc. is succeeded to another admin- istrative agency after the disposition, etc. is made, the later
shall be the
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제8편 법무 행정소송법
defendant.
(2) If the administrative agency as referred to in paragraph (1) no longer exists, the defendant shall be the State or a public entity
to which matters
concerning such a disposition, etc. revert.
Article 14 (Change of Defendant for Mistake)
(1) If a plaintiff names by mistake another person as a defendant, the court may, upon a request of the plaintiff, permit by decision
a change of the defendant.
(2) The court shall serve a new defendant with an exemplification of the
decision under paragraph (1).
(3) An immediate appeal may be instituted against a decision rejecting the request made under paragraph (1).
(4) When a decision is made under paragraph (1), a litigation instituted against a new defendant shall be considered to have
been filed at the
time when the original one was instituted.
(5) When a decision is made under paragraph (1), a litigation instituted against the previous defendant shall be considered to have
been with-
drawn.
(6) If a cause falling under Article 13 (1) (proviso) or (2) takes place after a revocation litigation is instituted, the court shall,
upon a request
of the party or exofficio, change the defendant. In this case, the provi-
sions of paragraphs (4) and (5) shall apply mutatis mutandis.
Article 15 (Joint Litigation)
Several persons may be co-litigants only when a demand of or to them is related to a demand for the revocation of a disposition, etc.
Article 16 (Intervention of Third Persons in Litigation)
(1) If there is a third person whose right and interests are infringed by the outcome of a litigation, the court may, upon a request
of the party or the third person or exofficio, let the third person intervene in the liti- gation by decision.
(2) If the court intends to make a decision under paragraph (1), it shall hear in advance the opinions of the party and the
third person.
(3) The third person, who has made a request under paragraph (1), may
file an immediate appeal against a decision dismissing his request.
(4) With respect to the third person intervening in the litigation under
paragraph (1), the provisions of Article 67 of the Civil Procedure Act
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shall apply mutatis mutandis. <Amended by Act No. 6626, Jan. 26, 2002>
Article 17 (Intervention of Administrative Agency in Litigation)
(1) If the court deems it necessary to let another administrative agency intervene in a litigation, the court may, upon a request
of the party or the administrative agency concerned or exofficio, let the agency inter- vene in the litigation by decision.
(2) If the court intends to make a decision under paragraph (1), it shall hear the opinions of the party and the administrative agency
concerned. (3) With respect to the administrative agency intervening in the litigation
under paragraph (1), the provisions of Article 76 of the Civil Procedure
Act shall apply mutatis mutandis. <Amended by Act No. 6626, Jan. 26, 2002>
SECTION 3 Initiation of Litigation
Article 18 (Relation to Administrative Appeal)
(1) Even if an administrative appeal may be instituted against a dis- position in question pursuant to the provisions of Acts and subordinate statutes, a revocation litigation may be instituted without doing so: Provided, That there are provisions that a revocation litigation may not be instituted without going through an administrative adjudication on a disposition in question in other Acts, the same shall not be applied.
<Amended by Act No. 4770, Jul. 27, 1994>
(2) Notwithstanding the proviso of paragraph (1) of this Article, if there is a cause falling under any of the following subparagraphs,
a revoca- tion litigation may be instituted without going through an adjudication on the administrative appeal: <Amended by Act No. 4770, Jul. 27, 1994>
1. Where no adjudication is made after the elapse of sixty days from the date an administrative appeal is requested;
2. Where the urgent need exists to prevent a serious loss resulting from the execution of a disposition or the continuation of
procedures;
3. Where a reason exists that makes it impossible for an administrative
organ responsible for adjudication to make a decision or judgment under the relevant Acts and subordinate statutes; and
4. Where there are other justifiable reasons.
(3) In case of the proviso of paragraph (1), if there is a cause falling under any of the following subparagraphs, a revocation litigation
may be
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제8편 법무 행정소송법
instituted without filing an administrative appeal: <AmendedbyActNo.4770,
Jul. 27, 1994>
1. Where a rejection adjudication by an administrative appeal has already been made with respect to the same case;
2. Where an adjudication by an administrative appeal has already been made with respect to a disposition related to each other in
contents
or a phased proceeding disposition for the same purpose;
3. Where an administrative agency has altered a disposition which is the object of a litigation after closing of oral proceedings
for a fact-
finding proceedings, and institutes thereafter a litigation against the
altered disposition; and
4. Where an administrative agency, that has made a disposition, mis- informs that no administrative appeal is required.
(4) The causes as provided for in paragraphs (2) and (3) shall be clearly explained.
Article 19 (Objects of Revocation Litigation)
The disposition, etc. shall be subject to a revocation litigation: Provided,
That in case of a litigation instituted to seek the revocation of an ad-
judication, it is permitted only when a reason exists that the adju- dication itself has a proper illegality.
Article 20 (Period For Bringing Litigation)
(1) A revocation litigation shall be instituted within 90 days from the
date a disposition is known: Provided, That, in case where the proviso
of Article 18 (1) is provided, or a request for an administration ad-
judication is permitted, or an administrative agency informs mistakenly that a request for an administration adjudication is permitted,
the period during which a request for an administrative adjudication is
made shall be reckoned from the date the exemplification of a written adjudication is served.
(2) A revocation litigation shall not be instituted after the lapse of one
year (in the case of the proviso of paragraph (1), one year from the date the adjudication is made) from the date the disposition
is made: Provided,
That, if there is any justifiable reason, this shall not apply.
(3) The period as prescribed in paragraph (1) shall be a peremptory term.
[This Article Wholly Amended by Act No. 4770, Jul. 27, 1994]
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Article 21 (Alteration of Action)
(1) The court, upon a request of the plaintiff, may permit by decision
the alteration of an action by the time oral proceedings for fact-finding proceedings are closed, unless there is no change
on the grounds of
demand when it deems it considerable to alter a revocation litigation to
a party litigation against the State or a public entity over affairs related to a disposition, etc. in question or to an appeal litigation
other than a
revocation litigation.
(2) In case where permission is given under paragraph (1) or the de- fendant is to be changed, the court shall hear the opinions
of a person
to be the new defendant.
(3) An immediate appeal may be filed against the decision of permission made under paragraph (1).
(4) The provisions of Article 14 (2), (4) and (5) shall apply mutatis
mutandis to the decision of permission made under paragraph (1).
Article 22 (Alteration of Action Due to Change of Disposition)
(1) If an administrative agency changes a disposition which is the object
of a litigation, after the litigation is filed, the court, upon a request of the plaintiff, may permit by decision a change of the
gist or cause of the
demand.
(2) The request as referred to in paragraph (1) shall be made within sixty days from the date on which the change of disposition
is known.
(3) The demand to be changed under paragraph (1) shall be considered to satisfy the requirements as prescribed in the proviso of
Article 18 (1).
<Amended by Act No. 4770, Jul. 27, 1994>
Article 23 (Suspension of Execution)
(1) The institution of a revocation litigation shall not preclude the effect,
execution or the continuation of a procedure of disposition, etc.
(2) In case where a revocation litigation is instituted, if it is deemed
urgently necessary to prevent irreparable damage from being caused by a disposition, etc. or execution or the continuation of procedure
thereof, the court, in which the merits are pending, upon a request from the party
or exofficio, may decide to suspend wholly or partly the effect, execution
or the continuation of procedure of the disposition, etc. (hereinafter referred to as the suspension of execution ): Provided, That, if the
objective of a suspension of the effect of a disposition may be attained
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제8편 법무 행정소송법
by suspending the execution or the continuation of procedure of the
disposition etc., it shall not be permitted.
(3) If the suspension of execution is feared to have a serious effect on
public welfare, it shall not be permitted.
(4) In requesting a decision on the suspension of execution under par- agraph (2), the reason shall be clearly explained.
(5) An immediate appeal may be filed against a decision on the suspension
of execution or a decision on the rejection under paragraph (2). In this case, an immediate appeal against the decision on the suspension
of ex- ecution shall have no effect of suspending the execution of the decision.
(6) The provisions of Article 30 (1) shall apply mutatismutandis to a decision on the suspension of execution as provided in paragraph (2).
Article 24 (Revocation of Suspension of Execution)
(1) If the suspension for execution has a serious effect on public welfare or the grounds for suspension cease to exist, after a decision
on the suspension of execution becomes definite, the court, upon a request of the party or ex officio, may revoke by decision such a decision on the suspension of execution.
(2) The provisions of Article 23 (4) and (5) shall apply mutatismutandis
to a decision on the revocation of the decision on the suspension of execution under paragraph (1) and a dissatisfaction thereto.
SECTION 4 Trial
Article 25 (Order to Submit Records of Administrative Appeal)
(1) The court, upon a request of the party, may order by decision an ad- ministrative agency, which has made an adjudication, to submit
the records related to an administrative appeal.
(2) Upon receiving the order of submission under paragraph (1), the ad- ministrative agency shall submit without delay to the court
the records
related to the administrative appeal.
Article 26 (Ex Officio Examination)
The court, if it deems necessary, may investigate the evidence exofficio, and judge even such a fact that the party does not aver.
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SECTION 5 Judgement
Article 27 (Revocation of Discretionary Disposition)
The court may revoke even the discretionary disposition by an ad-
ministrative agency when such a disposition is exercised beyond the limit of its discretion or the discretion is abused.
Article 28 (Judgment Under Special Circumstance)
(1) Even in case where a demand of the plaintiff is deemed reasonable,
if the revocation of a disposition, etc. is deemed remarkably inappropriate to the public welfare, the court may reject the demand
of the plaintiff.
In this case, the court shall expressly state in the text of the judgment
that the disposition, etc. are illegal.
(2) In handing down a judgment under paragraph (1), the court shall investigate in advance the extent of damage from which the
plaintiff may
suffer, the method of compensating for it and other circumstances.
(3) A plaintiff may make to the court in which a revocation litigation concerned is pending, in consolidation with such a litigation,
demands
for damage compensation, the establishment of installations to eliminate any danger and injury and other proper method of relief,
against the State
or a public entity to which an administrative agency, the defendant,
belongs.
Article 29 (Effect of Revocation Judgment, etc.)
(1) A final judgment revoking a disposition, etc. shall have the effect
even on a third person.
(2) The provisions of paragraph (1) shall apply mutatismutandis to a
decision on the suspension of execution under Article 23 or a decision
on the revocation of the decision on the suspension of execution under
Article 24.
Article 30 (Binding Force of Revocation Judgment, etc.)
(1) A final judgment revoking a disposition, etc. shall be binding on the parties, an administrative agency and other administrative
agencies in- volved in the case.
(2) If a disposition revoked by a judgment is involved in the rejection of a request of the party, the administrative agency,
that has made such a disposition, shall make a new disposition to the previous request in keeping with the aim of such a judgment.
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제8편 법무 행정소송법
(3) The provisions of paragraph (2) shall apply mutatismutandis to a
case where a disposition at a request is revoked for reasons of illegality in its procedure.
SECTION 6 Supplementary Provisions
Article 31 (Demand for Review by Third Person)
(1) A third person, whose right or interests have been infringed by a judgment revoking a disposition, etc., and who has been
unable to
produce the means of attack or defense to exercise his influence on a judgment because of his failure to intervene in a
litigation for reasons
unattributable to him, may demand the review of a conclusive and final
judgment for such reasons.
(2) A demand as provided in paragraph (1) shall be made within thirty days from the date on which the existence of a final judgment
is known,
or one year from the date on which the judgment became final.
(3) The period as provided in paragraph (2) shall be a peremptory term.
Article 32 (Bearing of Litigation Cost)
If a demand for revocation is rejected under the provisions of Article 28, or the demand is dismissed or turned down for reasons of
the revocation
or alteration of a disposition, etc. by an administrative agency, the costs of litigation shall be borne by the defendant.
Article 33 (Effect of Judgment on Litigation Costs)
When a judgment on the costs of litigation becomes final, it shall have
the effect on the State or a public entity to which an administrative agency that has been the defendant or the intervenor belongs.
Article 34 (Indirect Compulsion of Judgment on Revocation of Refusal
Disposition)
(1) If an administrative agency fails to make a disposition under Article
30 (2), the court of the first instance, with which a litigation has been instituted, upon a request of the party, may determine
by decision a
considerable period for the administrative agency to make the dis- position, and when the administrative agency fails to do it within
such a period, the court may order the administrative agency to make a
certain reparation in proportion to the period of delay, or to compensate immediately for damage.
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(2) The provisions of Article 33 of this Act and Article 262 of the Civil
Execution Act shall apply mutatismutandis to a case as referred to in
paragraph (1). <Amended by Act No. 6627, Jan. 26, 2002>
CHAPTER Ⅲ APPEAL LITIGATION OTHER T H A N R E V O C A T I O N L I T I - GATION
Article 35 (Standing to Sue for Litigation for Affirmation of Nullity, etc.) A litigation for the affirmation of nullity, etc. may be instituted by a person having legal interests to seek the affirmation of effectiveness or ineffectiveness, or existence or non-existence of a disposition, etc.
Article 36 (Standing to Sue for Litigation for Affirmation of Illegality of
Omission)
A litigation for the affirmation of illegality of an omission may be in- stituted only by a person who has made a request for a disposition, and has legal interests to seek the affirmation of illegality of the omission.
Article 37 (Alteration of Action)
The provisions of Article 21 shall apply mutatis mutandis to a case
where a litigation for the affirmation of nullity, etc., or of illegality of an omission is altered or changed to a litigation for
revocation or a party
litigation.
Article 38 (Application Mutatis Mutandis)
(1) The provisions of Articles 9, 10, 13 through 17, 19, 22 through 26,
29 through 31, and 33 shall apply mutatismutandis to a litigation for
the affirmation of nullity, etc.
(2) The provisions of Articles 9, 10, 13 through 19, 20, 25 through 27,
29 through 31, 33 and 34 shall apply mutatismutandis to a litigation
for the affirmation of illegality of an omission. <Amended by Act No. 4770, Jul. 27, 1994>
CHAPTER Ⅳ PARTY LITIGATION
Article 39 (Standing to be Sued)
In a party litigation, the State, a public entity and other subjects of
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제8편 법무 행정소송법
rights shall be open to being sued by the defendants.
Article 40 (Jurisdiction)
The provisions of Article 9 shall apply mutatismutandis to the case of
a party litigation: Provided, That, in case where the State or a public
entity is the defendant, the location of an administrative agency con-
cerned shall be considered that of the defendant.
Article 41 (Period for Filing Litigation)
If the period for instituting a party litigation is specified in Acts and subordinate statues, such a period shall be a peremptory term.
Article 42 (Alteration of Action)
The provisions of Article 21 shall apply mutatismutandis to a case where
a party litigation is altered into an appeal litigation.
Article 43 (Restriction on Sentence of Provisional Execution)
In case where a party litigation is instituted against the State, a pro-
visional execution shall not be sentenced.
Article 44 (Application Mutatis Mutandis)
(1) The provisions of Articles 14 through 17, 22, 25, 26, 30 (1), 32 and
33 shall apply mutatis mutandis to a party litigation.
(2) The provisions of Article 10 shall apply mutatis mutandis to the
transfer of a case when a party litigation and a litigation for related claim are pending in different courts, respectively, and the
consolidation of them.
CHAPTER Ⅴ PUBLIC AND AGENCY LITIGATIONS
Article 45 (Institution of Litigation)
Any public and agency litigations may be instituted only in such cases and by such persons as prescribed in Acts.
Article 46 (Application Mutatis Mutandis)
(1) With respect to a public or agency litigation instituted to seek the
revocation of a disposition, etc., the provisions pertaining to the rev- ocation litigation shall apply mutatismutandis, unless it is contrary to
its nature.
(2) With respect to a public or an agency litigation instituted to seek the affirmation of effectiveness or ineffectiveness,
or existence or non-
existence of a disposition, etc., or the illegality of an omission, the
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provisions pertaining to the litigation for the affirmation of nullity, etc.
or the litigation for the affirmation of illegality of omission shall apply
mutatis mutandis, unless it is contrary to its nature.
(3) With respect to a public or an agency litigation other than those as
provided in paragraphs (1) and (2), the provisions pertaining to the party litigation shall apply mutatismutandis, unless it is contrary to
its nature.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 1985.
Article 2 (Transitional Measures concerning Previous Matters)
Except as otherwise provided for in other Acts, this Act shall apply to matters taking place before the enforcement of this Act: Provided, That
it shall not preclude the effect that has already entered into force under the previous provisions before the enforcement of
this Act.
Article 3 (Transitional Measures concerning Previous Disposition For
Which Period to File Litigation has Expired)
With respect to a disposition against which no litigation has been
instituted at the time this Act enters into force, and for which the period to file a litigation has already expired pursuant
to the previous
provisions, no revocation litigation shall be instituted under this Act.
The same shall also apply to a party litigation for which an instituting period is prescribed.
Article 4 (Transitional Measures concerning Pending Administrative
Litigation)
An administrative litigation pending in the court at the time this Act
enters into force shall be considered to have been instituted under this
Act.
Article 5 (Transitional Measures concerning Effect of Adjudication, etc. on Administrative Appeal, etc.)
An administrative appeal, a demand for review, objection and other
appeal of dissatisfaction to an administrative agency or adjudications
and decisions thereon pursuant to the provisions of the previous Ad-
ministrative Adjudication Act and other Acts at the time this Act enters
into force, shall, for the application of this Act, be considered a demand
for an administrative appeal or an adjudication thereon.
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Article 6 (Amendment of Other Acts)
(1) Omitted.
(2) In case where the provisions of the previous Administrative Litigation
Act other than those as provided in paragraph (1) are cited or shall ap- ply mutatismutandisin other Acts at the time this Act enters into force,
the new provisions of this Act shall be considered to be cited or shall apply mutatis mutandis in lieu of such previous provisions.
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. 4770, Jul. 27, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Article 2 (Transitional Measures)
(1) Except as otherwise provided in these Addenda, this Act shall apply mutatis mutandis to an administrative litigation against a disposition, etc. which has been made before the enforcement of this Act: Provided, That an administrative litigation pending in the court at the time this Act enters into force shall be dealt with by reference to
the previous pro- visions.
(2) In case where the period to file a litigation has already expired
pursuant to the previous provisions at the time this Act enters into force,
no litigation for the revocation or affirmation of illegality of an omission
against a disposition, etc. may be instituted under this Act.
(3) With respect to a disposition for which an administrative appeal may
be requested pursuant to the provisions of Acts and subordinate statutes,
if the period of a request for an adjudication has already expired before
the enforcement of this Act without a request for the administrative ap-
peal, the institution of a revocation litigation shall be dealt with by ref-
erence to the provisions of the previous Article 18.
(4) In case falling under the previous provisions of the former part of
the purview of Article 20 (2) at the time this Act enters into force, the
period for filing a litigation shall be dealt with by reference the previous
provisions.
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ADDENDA <Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
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