[Administrative Litigation Attorney] Administrative Litigation Attorney Obtains Dismissal of a Party Litigation

CONTENTS

1. How the Client Came to an Administrative Litigation Attorney
- - Types of Administrative Litigation Explained by the Administrative Litigation Attorney
2. Support Provided by the Administrative Litigation Attorney to Prevail
- - Administrative Litigation Attorney: Arguing That an Appeal Litigation, Not a Party Litigation, Should Have Been Filed
- - Administrative Litigation Attorney: Arguing That the Parcel Allotment Application Notice Was Lawful
3. Dismissal of the Suit Obtained Through the Administrative Litigation Attorney's Argument

1. How the Client Came to an Administrative Litigation Attorney

The client who came to the administrative litigation attorney had received a complaint in a lawsuit for confirmation of regional housing association member status. The client was the chair of a regional housing association, and the opposing party who sent the complaint was a member of that association. The opposing party had not proceeded with the housing parcel allotment application procedure, had received the full compensation for loss as a person subject to cash settlement, and had been excluded from those eligible for a housing parcel allotment. The opposing party then filed a lawsuit seeking confirmation of member status, asserting that the housing parcel allotment application notice procedure had been omitted and that the disposition excluding the opposing party from those eligible for a housing parcel allotment was therefore void. The client came to the administrative litigation attorney to seek legal support.

Types of Administrative Litigation Explained by the Administrative Litigation Attorney

Administrative litigation can be classified, according to its content, into appeal litigation, party litigation, citizen litigation, and agency litigation. The client's case is a lawsuit confirming member status and falls under a ‘party litigation’.

Litigation	Description
Appeal litigation	A general term for litigation challenging an administrative action taken by an administrative agency as a superior subject of will. It is litigation filed by a person whose rights or interests have been infringed by an unlawful disposition or by an omission of an administrative agency in order to contest the unlawfulness.
Party litigation	Litigation concerning a legal relationship arising from a disposition or similar act of an administrative agency, or other litigation concerning a legal relationship under public law, in which one of the parties to that legal relationship is named as the defendant.
Citizen litigation	Litigation filed, when an organ of the State or a public entity has committed an act in violation of the law, to seek correction of that act regardless of one's own direct legal interest.
Agency litigation	Litigation filed when there is a dispute between organs of the State or of a public entity as to the existence of authority or its exercise.

2. Support Provided by the Administrative Litigation Attorney to Prevail

The administrative litigation attorney provided support by rebutting the opposing party's arguments as follows.

Administrative Litigation Attorney: Arguing That an Appeal Litigation, Not a Party Litigation, Should Have Been Filed

The attorney argued that if a member wishes to contest the lawfulness of the parcel allotment application notice, the member must file an appeal litigation contesting the revocation or nullity of the management and disposal plan, under which the status as a recipient or the right to a parcel allotment is determined according to the result of the parcel allotment application, and that this suit should have been filed as an appeal litigation rather than a civil action.

Administrative Litigation Attorney: Arguing That the Parcel Allotment Application Notice Was Lawful

Even if the form of party litigation chosen by the opposing party is lawful, the parcel allotment application notice to the opposing party was duly completed in full.

Although the opposing party argued that the opposing party had not received the registered mail enclosing the housing parcel allotment procedure notice and similar documents, it should be presumed that the mail was delivered to the addressee, absent special circumstances such as loss or return of the mail in transit.

The attorney therefore argued that the parcel allotment application notice should be regarded as having been lawfully made.

3. Dismissal of the Suit Obtained Through the Administrative Litigation Attorney's Argument

The administrative litigation attorney argued that the suit should have been filed as an appeal litigation rather than a party litigation, and the court accepted this and dismissed the suit on the ground that the procedure was improper, rather than ruling against the client on the merits. The court thus recognized a procedural defect in the suit. Daeryun Law Firm maintains a team with extensive experience in resolving matters relating to administrative litigation. The team listens to and consults on the client's situation and then advises on a response, providing solutions tailored to the litigation, as in the client's case. For administrative litigation involving complex issues, you may wish to find a solution together with an attorney experienced in administrative litigation.

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