Administrative Judgment

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  • What is administrative judgment?
  • Administrative judgment refers to the remedial procedures brought to bear on administrative agencies by people whose rights or interests have been infringed upon for reasons of illegal or unfair dispositions or any other exercise or non-exercise of public power.
    Compared to administrative litigation by courts, administrative judgment is free of cost, simple to execute, and is prompt.
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    • Subject Matter for Administrative Judgment
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    • Types of Administrative Judgment
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    • Administrative Judgment Procedures
      • 01 Submission of Application
      • Apply for administrative judgment and submit two (2) copies thereof to the disposing authority (the administrative body that has made dispositions) or to the Administrative Judgment Committee.
        ※ When applying to contest a cancellation disposition for a driver’s license, you may use the site of the Administrative Judgment Committee under the Prime Minister to file an application for administrative judgment online.
      • < Notes >
      • You should file a request for administrative judgment within ninety (90) days from the date you became aware of the disposition. You cannot file a request once 180 days have elapsed from the date of disposition (see Article 18 of the Administrative Judgment Act).
      • 02 Submitting an Answer
      • The disposing authority (the administrative agency) should answer the request of an applicant within ten (10) days of receipt of an application for judgment. The answer should then be submitted to the Committee together with the application for judgment.
        The Administrative Judgment Committee should then inform the applicant of the disposing authority’s answer.
        ※ In cases where an application has been made contesting the cancellation disposition of a driving license, the answer may be obtained online on the site of the Central Administrative Judgment Committee.
      • 03 Reference of Cases
      • The disposing authority (the administrative agency) should, without delay, refer a filed application and its response to the Administrative Judgment Committee, such that the Administrative Judgment Committee can promptly review the request for judgment.
      • 04 Review
      • With respect to cases referred by a disposing authority, the Administrative Judgment Committee should sufficiently review the arguments of the applicant and the recipient and conduct a review to determine the illegality and unfairness of an administrative disposition by designating a due date of review. Once the review has been conducted, the Administrative Judgment Committee should send the findings of the review to the disposing authority (the administrative agency) and the applicant.
      • 05 Reconsideration
      • Reconsideration of the Administrative Judgment Committee gives external notice of the outcome of an administrative judgment request to the applicant and the recipient (the disposing authority). A notice of reconsideration should be sent to the applicant and the recipient (the disposing authority).
        ※ Administrative judgment comes into effect only if the reconsideration notice has been sent.