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I would like to inquire about the administrative appeal procedure.
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I am curious about the administrative appeal procedure. Recently, I received an administrative disposition due to a certain incident, and I feel it is somewhat unfair. When I looked into it, I found that if you feel an administrative disposition is unjust, you can file for relief through an administrative appeal. Is my understanding correct? I would like to know in some detail how the administrative appeal procedure proceeds.
Administrative appeal procedure
Administrative appeal
Answer to Related Inquiry
Author: 정찬우
I will answer regarding the administrative appeal procedure.
As you wrote in your question, an administrative appeal refers to a rights-relief procedure that a citizen whose rights or interests have been infringed by an unlawful or unjust disposition of an administrative agency files with an administrative body.
The administrative appeal procedure begins with the submission of a written appeal.
To file an administrative appeal, you must prepare a written appeal and submit it to the respondent or the competent administrative appeals commission, and if there are multiple respondents, you must also submit as many copies as there are respondents.
Once the appeal is received, the disposition agency prepares a written answer within 10 days and submits it to the administrative appeals commission, and this written answer is served on the appellant.
The disposition agency must refer the written appeal and the written answer to the administrative appeals commission without delay, and the commission conducts its examination on this basis and determines whether there was an unlawful or unjust disposition.
After the examination, the commission prepares a written ruling and serves it on the appellant and the respondent, and the effect of the administrative appeal arises from the point at which this written ruling is served.
Because the administrative appeal procedure requires expertise in preparing submitted documents, organizing arguments, and identifying legal issues, it is important to obtain the assistance of an attorney specializing in administrative law.
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