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Legal Intellectual

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Q

I want to proceed with administrative litigation after an administrative appeal regarding drunk driving license revocation, and I am curious about the period for administrative litigation.

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Hello, I received a driver's license revocation disposition due to drunk driving. So I first proceeded with an administrative appeal, but I did not obtain relief, so I want to proceed with administrative litigation.. and I found out that there is a separately fixed period for administrative litigation? Now I want to proceed with administrative litigation, and I heard that administrative litigation also has a separately fixed period. After filing an administrative appeal, within how many days can I file administrative litigation?

Period for administrative litigation

A

Answer to Related Inquiry

Where you received a driver's license revocation disposition due to drunk driving and proceeded with an administrative appeal but did not obtain relief, the period for administrative litigation is within 90 days from the date on which you were served the authentic copy of the ruling.

Here, service of the ruling includes not only the case where you receive it directly in person but also all lawful methods of service prescribed by the 「Civil Procedure Act」, such as supplementary service, retention service, and service by public notice.

In addition, as for the period for administrative litigation, where there is a justifiable reason, a revocation lawsuit can be filed even if it exceeds the aforementioned 90-day period

A justifiable reason is a broad concept that includes not only reasons for which the party cannot be held responsible but also various circumstances deemed reasonable under common social norms, and cases involving an individual's health problems, force majeure situations, or other unavoidable reasons may also fall under it.

Therefore, when preparing administrative litigation after going through an administrative appeal, you must file the lawsuit within 90 days based on the date of service of the authentic copy of the ruling, and if necessary, it is safer to also review whether a justifiable reason can be recognized by consulting an attorney.

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