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Q

I'm curious about administrative litigation procedures.

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Our company recently had a report of accounting fraud submitted to the Financial Supervisory Service, and we're now subject to a delisting substantive review due to suspected intentional accounting fraud. This is our first time dealing with something like this, so we'd like legal assistance on how to respond. I'd appreciate it if you could help us escape this risk, including consultation on delisting and legal advice on the delisting substantive review.

administrative litigation procedure

administrative lawsuit

A

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I see that you have inquired about administrative litigation procedures.

Administrative litigation is a procedure for requesting the court to cancel or change a disposition or decision by an administrative agency.

To file a lawsuit, you must prepare a complaint and submit it to the administrative court.

At this time, in the complaint, you only need to clearly state the grounds for objecting to the administrative disposition and the reasons for filing the lawsuit.

Once the lawsuit is filed, the plaintiff and defendant present their arguments through written submissions and oral arguments in court.

Based on these arguments and evidence, the court hears the case and finally renders a judgment.

If the judgment is in favor of the plaintiff, the administrative disposition is cancelled.

Administrative lawsuits must be filed within 90 days from the date of knowing the administrative disposition.

If you exceed this period, you cannot file a lawsuit, so you must strictly observe the deadline.

In addition, to win the judgment, you must sufficiently prove the unfairness of the disposition.

These procedures are complex and legally tricky, so you must definitely receive help from an administrative attorney.

This is because administrative attorneys can help you carefully prepare and strategize according to administrative litigation procedures.

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