Review of a Request
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Review of a Request
- As one type of administrative judgment system, the review of a request is a system whereby a government employee can raise an objection to a disciplinary disposition, or any other disadvantageous disposition, or inaction against its own will. The system seeks to directly secure the positions of government employees and establish the career civil service system through supplementary judicial functions against illegal or unfair personnel dispositions. In an indirect manner, it seeks to promote self-regulation by an administrative body.
- Government employees eligible to make such a request
- Government employees in career offices, including general offices, special offices, and technical offices (municipal affiliates, districts [gu], and government employees in fire offices).
- Government employees in special career offices, including contract offices, privileged offices, and hired offices are excluded from the request system pursuant a provision in Article 3 of the Local Government Employee Act. They should, therefore, file a request for administrative judgment under the Administrative Judgment Act.
- Period of Review Request
- When a government employee has been the subject of a disciplinary disposition, demotion, suspension from office, position cancellation or removal from office, their request will be reviewed within thirty (30) days of receipt of the reason for the disposition
- Where a government employee has been subjected to other disadvantageous dispositions, their request will be reviewed within thirty (30) days of the employee becoming aware of the disposition.
- Effectiveness of a Review Decision
- A decision by the Request Review Committee is binding on the disposing administrative authority, and the person in charge of the relevant disposition should comply with the instructions of the Committee.
- Relationship with Administrative Litigation
- You may not commence administrative litigation without first requesting such (Article 20-2 of the Local Government Employee Act).
- Within ninety (90) days from the receipt of the request review decision, you may bring litigation to an administrative court of competent jurisdiction where the disposing administrative authority (the recipient) is the defendant.
- Disposition Procedures
- If an applicant files a request for a review, the applicant first notifies the recipient (the disposing authority) of the request. They must then file an answer (a written explanation) stating the reason that the review has been requested.
- The answer of the recipient should be sent to the applicant.
- A date for the Review Committee to meet will be decided. The applicant and recipient will be notified of this date.
- A meeting of the Review Committee is conducted in the form of a question/answer session between the Committee members. The applicant and recipient (or a representative) participate in this session.
- The content decided by the Review Committee is put in writing and sent to the applicant and recipient.
- Relevant Bases
- Article 13 or Article 21 of the Local Government Employee Act or Article 67 Section 2 of the same Act
- Request Procedure Rules (Amended on December 31, 2008 , No. 21214 of the Presidential Decree)
- Article 16 and Article 16-2 of the Local Government Employee Discipline and Request Rules.
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