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Admainistrative Appeals

Administrative Appeals System

Administrative Appeal is predicated upon the Constitution of the Republic of Korea and Administrative Appeals Act. It has two objectives of civil right remedy and administrative control. In other words, its purpose is to ensure legitimacy and rationality of administrative actions by protecting people’s rights and interests, and providing opportunities for administrative agencies to rectify their own wrongs.

Its rulings on administrative appeals are legally binding on administrative agencies, thereby resulting in strong effect as a civil right remedy. It is free, quick and simple comparing to administrative lawsuits.

Central Administrative Appeals Commission
The Central Administrative Appeals Commission manages administrative appeals system of Korea and was established and has operated under the Anti-Corruption & Civil Rights Commission. The Central Administrative Appeals Commission consists of 70 members including vice-ministerial Chairman, standing commissioners, non-standing commissioners. It reviews and makes a ruling on appeals against those dispositions rendered by central administrative agencies and its affiliated institutions, mayors of a Special Metropolitan City or a Metropolitan City, and Provincial Governors.
The Central Administrative Appeals Commission surveys and counsels other administrative appeals agencies, provides training and publicity regarding administrative appeals system, and makes recommendations on unreasonable statutes which may induce illegal and unfair administrative actions.

Subject Matters and Categories

Subject matters of administrative appeals are disposition or omission rendered by an administrative agency, or any other exercise of public power or the refusal of such exercise. Administrative agency includes the State, local governments, and public organizations or individuals delegated to administrative authority. Administrative appeals are classified as follows:

Appeals for revocation: Appeals for revocation or modification of an illegal or unjust disposition rendered by an administrative agency

Appeals for affirmation of nullity, etc.: Appeals for affirmation of the effectiveness or ineffectiveness of a disposition, or the existence or non-existence of such disposition

Appeals for performance of obligation: Appeals for a specified disposition against an illegal or unjust disposition of refusal or omission

Examples of Administrative Appeals

  • Dispositions of various types of authorization, permission, license, or qualification
  • Administrative dispositions of driving licenses under the Road Traffic Act
  • Dispositions of imposing business suspension, penalty surcharge, or charge
  • Dispositions of rejecting welfare nomination as patriots and veterans
  • Dispositions of imposing & collecting social insurance contributions
  • Dispositions of disqualification for a national examination
  • Dispositions of refusing to disclose administrative information
  • Dispositions relating to immigration and visit period