Relief from License Revocation

In the following circumstances, the deliberation committee may take the circumstances into account and mitigate the license revocation or suspension.

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.

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

2. Dispositions based on exceeding the accumulated penalty points

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.

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.

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.

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.

※ 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

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.

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.

▶ 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.

▶ Method of Submission and Points to Note