Medical Administrative Litigation

Because administrative litigation often involves cases related to the public interest, unlike civil litigation, the court may examine evidence and determine facts not only based on the parties' assertions but also on its own authority.

In addition, even if the plaintiff's assertion is sound, the court may dismiss the claim if revoking the disposition would be contrary to the public interest.

In this way, administrative litigation has a distinctive procedural characteristic of balancing the protection of citizens' rights against the public interest.

The limitation on the filing period applies mainly to revocation litigation, and does not apply to litigation to confirm invalidity or similar matters.

Revocation litigation must be filed within 90 days from the date the disposition became known, and litigation cannot be filed once one year has passed from the date the disposition was made.

These two periods are not optional, and litigation becomes impossible if either one passes.

Where an administrative appeal has been undertaken, the action must be filed within 90 days from the date on which an authentic copy of the written ruling is served, and the one-year period is also calculated from the date the written ruling is served.

Service of the written ruling includes all cases in which it is served by a lawful method, such as supplementary service or service by public notice, not only direct receipt.

Where there is a justifiable reason, litigation may be filed even after the one-year period has passed, whether or not administrative adjudication has been gone through.

A justifiable reason is a case in which delayed filing of litigation is recognized as reasonable under generally accepted social norms, and it may include not only force majeure such as a natural disaster but also personal circumstances.

To begin a medical administrative litigation, one must first prepare a complaint and submit it to the court.

The complaint form and the method of preparing it can be found at the civil affairs office of each level of court or at the Electronic Civil Affairs Center of the Court of Korea, and the complaint must include matters such as the content and grounds of the claim and attached documents such as evidence.

The hearing is conducted in two parts: the preparatory pleading date and the pleading date.

On the preparatory pleading date, the issues are organized, the facts are confirmed, and evidence is requested and a plan of proof is established, while on the pleading date, the examination of evidence and the hearing on the issues proceed in earnest.

Depending on the case, a pleading date may be set directly without going through a preparatory pleading date.

Once all arguments and the examination of evidence are concluded, the presiding judge closes the pleadings and designates the date for the pronouncement of judgment.

In principle, written submissions or evidence submitted after the close of pleadings are not reflected in the outcome of the trial, so a party seeking to have additional materials considered must apply for the reopening of pleadings.

The judgment is pronounced by the presiding judge reading out the holding.

The judgment takes effect even if a party does not appear, and an authenticated copy of the written judgment is served on the parties.

If you object to the judgment, you may submit a written appeal within two weeks from the date the judgment is served.

Litigation begins by submitting a complaint to the court, and the complaint must clearly state the plaintiff and the defendant, as well as the object and cause of the claim.

Forms for the complaint are available at the civil affairs office of each court, and the object of the claim should be prepared specifically and clearly to set out the purpose to be achieved in the litigation.

The complaint must be submitted to the administrative court having jurisdiction over the defendant's location, and stamp fees and service fees must be paid according to the value of the litigation.

The plaintiff must file the suit with the administrative court having jurisdiction over the location of the defendant.

Where the defendant is a central administrative agency or similar body, the administrative court at the location of the Supreme Court has jurisdiction.

▪ Res judicata: A final judgment binds the parties and the court, so the same matter cannot be litigated again.

▪ Binding force: Pursuant to a final judgment, the administrative agency bears a substantive obligation to carry out the result.

▪ Formative effect: Once a revocation judgment becomes final, the effect of the administrative disposition automatically lapses and becomes void without any separate measure.

A party that does not accept a judgment may request a further review by a higher court.

An objection to a first-instance judgment is called an appeal, and it must be filed within 2 weeks after service of the judgment.

An objection to a second-instance judgment is a final appeal, which is available only where specific grounds such as a violation of law exist, and it must likewise be filed within 2 weeks.

Where a serious problem exists in a judgment that has already become final and conclusive, a retrial may be requested within a certain period.

Grounds for retrial include errors in the composition of the court that rendered the judgment, forgery of evidence, and omission of facts, and a request for retrial must be made within 30 days from the date on which the grounds became known and within 1 year after the judgment became final.