ADMINISTRATIVE LITIGATION ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to protect citizens from the infringement of their rights or interests caused by the illegal dispositions of administrative agencies and the exercise or non-exercise of public authority, and to ensure proper resolution of disputes over the rights based on 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 exercise public authority 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 adjudication on the administrative appeal;

2. The term "omission" means the failure of an administrative agency to take a certain disposition for a reasonable period of time, notwithstanding its legal obligation to do so, in response to an application filed by 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 Suits) #

Administrative suits shall be classified into the following four categories: <Amended by Act No. 4017, Aug. 5, 1988>

1. Appeals suit: It means a suit instituted against a disposition, etc. or an omission by an administrative agency;

2. Party suit: It means a suit concerning legal relations, cause of which is a disposition, etc. issued by an administrative agency, and a suit over legal relations under public law, in which one of the parties to the legal relationship is a defendant;

3. Public suit: It means a suit instituted by a person without any direct interest in order to seek the correction of violations by the State or organs of public entities;

ADMINISTRATIVE LITIGATION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Classification of Administrative Suits) #

Article 4(Appeals Suit) #

Article 5(Period for Cases in Foreign Country) #

Article 6(Public Notice concerning Judgment of Unconstitutionality of Orders or Regulations) #

Article 7(Transfer of Case) #

Article 8(Scope of Application) #

Article 9(Jurisdiction) #

Article 10(Transfer and Consolidation of Related Claims) #

Article 11(Prior Question) #

Article 12(Standing to Sue) #

Article 13(Standing to be Sued) #

Article 14(Change of Defendant for Mistake) #

Article 15(Joint Litigation) #

Article 16(Intervention of Third Persons in Litigation) #

Article 17(Intervention of Administrative Agency in Litigation) #

Article 18(Relation to Administrative Appeal) #

Article 19(Subject Matter in Revocation Suit) #

Article 20(Period For Filing Lawsuit) #

Article 21(Change of Action) #

Article 22(Change of Action Due to Change of Disposition) #

Article 23(Suspension of Execution) #

Article 24(Revocation of Suspension of Execution) #

Article 25(Order to Submit Records of Administrative Appeal) #

Article 26(Ex Officio Examination) #

Article 27(Revocation of Discretionary Disposition) #

Article 28(Judgment Under Special Circumstances) #

Article 29(Effect of Revocation Judgment, etc.) #

Article 30(Binding Force of Revocation Judgment, etc.) #

Article 31(Request for Review by Third Person) #

Article 32(Bearing of Litigation Cost) #

Article 33(Effect of Judgment on Litigation Costs) #

Article 34(Indirect Compulsion of Judgment on Revocation of Refusal Disposition) #

Article 35(Standing to Sue to Seek Confirmation of Nullity, etc.) #

Article 36(Standing to Sue to Seek Confirmation of Illegality of Omission) #

Article 37(Change of Action) #

Article 38(Application Mutatis Mutandis) #

Article 39(Standing to be Sued) #

Article 40(Jurisdiction) #

Article 41(Period for Filing Lawsuit) #

Article 42(Change of Action) #

Article 43(Restriction on Sentence of Provisional Execution) #

Article 44(Application Mutatis Mutandis) #

Article 45(Institution of Suit) #

Article 46(Application Mutatis Mutandis) #