CONTENTS
- 1. Relief from License Revocation | Concept
- 2. Relief from License Revocation | Objection
- - Criteria for Mitigation of an Administrative Disposition
- - Grounds on Which Mitigation of an Administrative Disposition Is Not Permitted
- 3. Relief from License Revocation | Administrative Appeal
- - What Is an Administrative Appeal?
- - Period for Filing an Administrative Appeal
- - Submission of the Written Request for Administrative Appeal
- 4. Relief from License Revocation | Administrative Litigation
- - What Is Administrative Litigation?
- - Period for Filing Administrative Litigation
- - Submission of the Complaint in Administrative Litigation
- 5. Relief from License Revocation | Legal Support
1. Relief from License Revocation | Concept
Relief from license revocation refers to the procedure by which a driver, when the driver has received a revocation or suspension of a driver's license from a police station or administrative agency and the disposition is considered unlawful or improper, can contest and correct it.
The revocation or suspension of a driver's license is generally imposed on grounds such as a violation of the Road Traffic Act or the accumulation of points beyond the limit,
Because this can have a significant effect on the driver's daily life or livelihood, if the disposition is not justified, the driver should restore their rights through an active relief procedure against the license revocation.
2. Relief from License Revocation | Objection
The first means of responding for relief from license revocation is to file an "objection" directly with the administrative agency.
When a driver has received the revocation or suspension of a driver's license, the driver may file an objection with the Commissioner of the City or Provincial Police Agency within 60 days from the date of the disposition.
The objection is reviewed through an independent deliberative body called the Deliberation Committee on Objections to Administrative Dispositions Concerning Driver's Licenses, and where certain requirements are met, mitigation of the administrative disposition is possible.
Criteria for Mitigation of an Administrative Disposition
In the following circumstances, the deliberation committee may take the circumstances into account and mitigate the license revocation or suspension.
• A model driver who has engaged in traffic volunteer activities for three years or more
• Where the person has received a commendation from a chief of a police station or higher
These materials can be proven through documents such as a letter of remorse, a certificate of employment, a family relationship certificate, and a copy of a commendation, and a person who wishes to obtain mitigation must prepare and submit them before the deliberation.
Grounds on Which Mitigation of an Administrative Disposition Is Not Permitted
However, in the cases set out below, mitigation of the administrative disposition is not permitted even if an objection is filed.
1. Dispositions related to drunk driving
• A drunk driving accident involving personal injury
• Refusal of a breath test, assault of a police officer, or flight
• A record of drunk driving within the past five years
2. Dispositions based on exceeding the accumulated penalty points
• Three or more accidents involving personal injury within the past five years
• Three or more license suspensions within the past five years
• A history of relief through mitigation of an administrative disposition within the past five years
In these cases, relief through an objection alone is difficult, and a response through more formal procedures, such as an administrative appeal or administrative litigation, is necessary.
3. Relief from License Revocation | Administrative Appeal
One method of relief from license revocation is to file an "administrative appeal" against the revocation or suspension of the license imposed by the administrative agency.
An administrative appeal is a procedure established to allow relief more simply and promptly than litigation in court, when the rights or interests of the public are infringed by an unlawful or improper disposition of an administrative agency.
What Is an Administrative Appeal?
An administrative appeal is a procedure for contesting the validity of a disposition issued by an administrative agency, designed to allow members of the public to obtain a prompt remedy for their rights without going through a separate trial.
A driver may receive the suspension or revocation of a driver's license from a City or Provincial Police Agency on grounds such as drunk driving, exceeding the penalty points, or driving without a license, and if the driver considers the disposition improper, the driver may file an administrative appeal.
Period for Filing an Administrative Appeal
An administrative appeal is valid only if it is filed within the prescribed period.
It must be filed within 90 days from the date on which the person became aware that the disposition had been made, or within 180 days from the date on which the disposition was made.
Submission of the Written Request for Administrative Appeal
To obtain relief from the revocation or suspension of a license through an administrative appeal, a "written request for adjudication" in the prescribed form must be prepared and submitted.
A request for adjudication must be made in writing, and it cannot be accepted orally.
▶ Required Particulars of the Written Request for Adjudication (Mandatory Items)
The request must include the following particulars, and if any item is missing, a request for correction may be made.
• The respondent and the competent Administrative Appeals Commission
• The content of the disposition that is the subject of the request for adjudication
• The date on which the person first became aware that the disposition had been made
• The purport and grounds of the request
(e.g., "I request that the driver's license revocation of the Commissioner of the ○○ Provincial Police Agency, dated 20XX.XX.XX., be revoked," etc.)
• Whether the respondent advised on the availability of an administrative appeal, and the content of such advice
※ In the case of a corporation or an unincorporated association or foundation, the name and address of the representative must also be stated, and the claimant or representative must sign or affix a seal.
▶ Method of Submission and Points to Note
The respondent (such as the competent Provincial Police Agency) or the competent Administrative Appeals Commission
• Method of submission
The original written request for adjudication must be submitted together with copies in a number equal to the number of respondents.
4. Relief from License Revocation | Administrative Litigation
The final procedure for relief from license revocation is administrative litigation.
When the revocation or suspension of a driver's license is considered unlawful or improper, the person may seek the revocation of the disposition through administrative litigation.
However, for administrative dispositions such as license revocation under the 「Road Traffic Act」, administrative litigation may be filed only after an administrative appeal has been pursued, so the principle of requiring an administrative appeal before litigation should be noted.
What Is Administrative Litigation?
Administrative litigation refers to a lawsuit filed with a court by a member of the public whose rights or legal interests have been infringed by an unlawful disposition or omission of an administrative agency.
A disposition under the Road Traffic Act, such as the revocation or suspension of a driver's license, may also be the subject of administrative litigation, through which the unlawfulness of the disposition can be contested and relief obtained.
Period for Filing Administrative Litigation
Administrative litigation regarding a driver's license revocation must be filed within the following periods.
① Within 90 days from the date on which an authentic copy of the written ruling was served
② Within one year from the date on which the disposition was made
If even one of these deadlines is exceeded, the filing of the lawsuit is, in principle, rejected.
However, where there is a justifiable ground, such as a natural disaster or force majeure, the period may, by way of exception, be extended.
Submission of the Complaint in Administrative Litigation
▶ Contents of the Complaint
The complaint must state the following particulars, which are mandatory items based on the Administrative Litigation Act and the Civil Procedure Act.
The names and addresses of the plaintiff (the person filing the lawsuit) and the defendant (the administrative agency that made the disposition)
• The purport of the claim
The content of the operative part of the judgment that the plaintiff seeks from the court
(e.g., "The driver's license revocation of the Commissioner of the ○○ Police Agency, dated 20XX.XX.XX., is revoked")
• The grounds of the claim
The specific grounds and facts that the plaintiff alleges, such as the unlawfulness of the disposition
▶ Method of Submission and Points to Note
The administrative court having jurisdiction over the location of the defendant administrative agency
• Submission of documents
Attach the required documents, such as the receipt for payment of stamp fees and the confirmation of payment of service fees, together with the original complaint
5. Relief from License Revocation | Legal Support
The revocation of a driver's license is more than a simple administrative sanction; it is a decision that has a significant effect on daily life and livelihood.
In particular, when relief is sought through an administrative appeal or administrative litigation, the result can vary considerably depending on the organization of objective evidence, whether the legal requirements are met, and the manner in which the written request is prepared.
In this process, a precise response, including a legal rebuttal of the grounds for the disposition and a logical construction of the arguments, is necessary.
Based on its experience handling various cases related to relief from license revocation and its data on similar cases, this firm prepares a strategy suited to the client's situation.
In addition, through close consultation with the client from the early stage of the case, the firm identifies the necessary legal issues, and works to achieve practical relief results through a task force system in which professionals in each field participate.
If you wish to pursue relief from license revocation, please feel free to request the assistance of Law Firm Daeryun's 🔗Attorney Specializing in Traffic Accidents at any time.
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