Simple & Easy Law Info

Simple & Easy Law Info

Administrative Appeals

Administrative Appeals



When can an administrative appeal be filed?
Filing of administrative appeals?
Where infringement of rights or interests of a citizen is caused by any illegal or unjust disposition or omission of public power by administrative agencies, the citizen can file an administrative appeal.



What is an administrative agency?
An agency of the State or a local government
A public organization or its branches, or an individual with administrative authority, or entrusted with, or delegated to, administrative authority under relevant statutes or municipal ordinances or rules.



What is a disposition?
An exercise of public power, the refusal of such exercise, or any other equivalent administrative action, which is the execution of laws with respect to specific facts conducted by administrative agencies.



Categories of administrative appeals
Appeals for revocation
An administrative appeal for the revocation or modification of the administrative agency's illegal or unjust disposition
Appeals for affirmation of nullity, etc. 
An administrative appeal for the affirmation of the validity or nullity, or the existence or non-existence, of an administrative agency's disposition
Appeals for performance of obligation
An administrative appeal that requires a certain disposition from an administrative agency in a case where its disposition involves an illegal or unjust refusal, or there has been an omission, in respect of an application made by the relevant party



Period for filing administrative appeals
Within 90 days from the date on which an administrative disposition is known
Within 180 days from the date on which a disposition is made



Period for making rulings
Within 60 days from the date of receipt of a written appeal 
The time period to be ex officio extended by 30 days if there are circumstances beyond control



For detailed legal information, please refer to 「Administrative Appeals」in easylaw.go.kr



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