Simple & Easy Law Info

Simple & Easy Law Info

Administrative Litigation

Administrative Litigation



What is administrative litigation? Administrative litigation is a formal administrative dispute resolution procedure for the resolution, by the courts, of disputes concerning legal relationships in public law.



Categories of administrative lawsuits Appeal suits A lawsuit filed against an administrative agency’s disposition or omission Party suits A lawsuit concerning legal relationships based on an administrative agency's disposition, etc. or a lawsuit concerning other legal relationships in public law, in each case against one of the parties in such legal relationships as the defendant Public suits A  lawsuit filed, where an agency of the State or an organ of a public organization has acted illegally, by a person irrespective of his/her direct legal interest in order to seek its rectification Agency suits A lawsuit filed when there is a dispute between agencies of the State or organs of public organizations, regarding the existence or non-existence, or the exercise, of authority. However, the matters under the Constitutional Court’s jurisdiction are not subject to agency suits.



Categories of appeal suits Suits for revocation A lawsuit which seeks to revoke or modify an illegal disposition or ruling on the part of an administrative agency Suits for affirmation of nullity, etc A lawsuit which affirms the validity or nullity, or the existence or non-existence, of an administrative agency's disposition or ruling Suits for affirmation of illegality of omission A lawsuit which affirms the illegality of an administrative agency's omission



Period for filing lawsuit In principle, suits for revocation and affirmation of illegality of omission are subjected to time limits, but no limitation on the period for filing a lawsuit applies to a suit for affirmation of nullity, etc. A suit shall be instituted Within 90 days from a date on which a disposition, etc. is known Within one year from a date on which a disposition, etc. is made The term“disposition, etc.”means a disposition and an adjudication on administrative appeal.



Administrative suits shall be instituted with an administrative court having jurisdiction over the location of the defendant The term “defendant”means an administrative agency that has made the disposition. The term “administrative agencies”means agencies of the State or local governments, and such other public entities and their organs or private persons as having or commissioned with administrative power pursuant to the relevant statutes or municipal ordinances or rules.



Upon institution of a suit for revocation and a suit for affirmation of nullity, etc., an application for suspension of execution can be filed. The term “suspension of execution”means a decision made by the court to temporarily suspend the execution of such disposition, etc. or the continuation of proceeding in respect thereof, where there is an urgent need to prevent a harm that would be difficult to repair from being caused by a disposition, etc.



Dissatisfaction Appeal A means of applying for appeal, by which a relevant party seeks a revocation or modification of a judgment by a higher court, before it is made final and conclusive Appeal on points of fact and law An appeal brought against a final judgment handed down by the court of first instance To be filed within two weeks of the date of service of the written judgment Final appeal An appeal brought against a final judgment handed down by the high court only on the grounds that there has been a violation of the Constitution, statutes, decrees or regulations, which has affected the final judgment of the second instance 



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



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