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Q

What types of administrative litigation are there?

Legal IntellectualViews54,226

I would like to know specifically what types of administrative litigation exist. I have received an unjust disposition, and I heard that I can file administrative litigation. Are there various types of administrative litigation? If so, what type of lawsuit should I file? Please tell me about the types of administrative litigation and the differences among them. I would appreciate a prompt reply.

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administrative litigation

types of administrative litigation

A

Answer to Related Inquiry

We understand that you are inquiring about the types of administrative litigation.

Administrative litigation can be broadly divided into revocation lawsuits, lawsuits to confirm invalidity and the like, and lawsuits to confirm the illegality of an omission.

First, a revocation lawsuit is a lawsuit that seeks the revocation of an administrative disposition when it is judged to be unjust.

This can be said to be the most common form of administrative litigation, and it must be filed within 90 days from the date one becomes aware that the disposition was made.

A lawsuit to confirm invalidity and the like is a lawsuit that confirms whether a disposition or ruling of an administrative agency has effect or exists.

If, through this, it is judged to have no effect, the disposition in question becomes void.

Unlike a revocation lawsuit, a lawsuit to confirm invalidity and the like has no limitation on the filing period.

Finally, a lawsuit to confirm the illegality of an omission is a lawsuit that confirms that an administrative agency's omission is unlawful.

Put simply, it is a lawsuit in which, when an administrative agency is failing to issue a disposition, the plaintiff asks the court to ‘confirm that the administrative agency's omission is unlawful.’

Each type of lawsuit applies differently depending on the situation.

Therefore, it is important to receive a consultation with an administrative attorney in order to accurately determine which lawsuit to file.

An administrative attorney will diagnose the case through careful consultation and review the necessary type of administrative litigation to assist you in seeking a favorable outcome.

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Attorney Naewon Kwak

Naewon Kwak

T. 070-5117-2950

Suwon District Court administrative judge, Seoul Administrative Court judge experience

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HyunKyung KEUM

T. 070-7510-1822

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