Administrative Litigation Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Filing the complaint
2. 2Application for a stay of execution
3. 3Review and service of the complaint
4. 4Submission of answer and disposition record
5. 5Hearings and evidence examination
6. 6Pronouncement of judgment
7. 7Appeal / final appeal

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies with the case and the court's circumstances

Cost

Stamp fee (fixed standard for non-property suits) and service fee

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   First of all, check the date you received the notice of disposition (notice of business suspension, penalty surcharge, license revocation, refusal of a permit, or discipline). A revocation lawsuit must be filed within 90 days from the day you learned of the disposition and within 1 year from the date of the disposition (Administrative Litigation Act §20). The 90 days from learning of it is a peremptory period that even the court cannot extend, so being even one day late may lead to dismissal of the lawsuit; for the 1 year, an exception is recognized only when there is a justifiable reason.

   Current step
2. 2

   File a complaint stating why the disposition is unlawful (procedural violation, misjudging the facts, deviation from or abuse of discretion, etc.) with the administrative court for the area where the authority that made the disposition is located (outside Seoul, the administrative division of the district court). The more specific the reasons for unlawfulness, the clearer the issues to be disputed at trial. You may also go through an administrative appeal before the lawsuit, and the administrative appeal's decision (ruling) is issued within 60 days (extendable by 30 days) (Administrative Appeals Act §45).

   Current step
3. 3

   Filing a lawsuit does not automatically stop the effect of the disposition. If the business suspension period runs out during the lawsuit, winning may bring no practical benefit. So if it seems that carrying out the disposition as it is would cause loss that is hard to recover, apply for a stay of execution together with the complaint (Administrative Litigation Act §23).

4. 4

   After the court reviews the litigation requirements and sends a copy of the complaint to the authority that made the disposition, the authority submits an answer and materials related to the disposition. The court may order the authority to submit the disposition record. The authority may add or change the grounds for the disposition during the lawsuit only to the extent that the basic facts are recognized as the same as those of the original disposition. This means the authority cannot bring in a completely different reason in the middle of the lawsuit.

5. 5

   The parties exchange preparatory briefs, attend hearings, and go through evidence examination such as fact inquiries and appraisals. Even a discretionary disposition can be cancelled by the court if it exceeds the limits of discretion or abuses it (Administrative Litigation Act §27), so it is good to organize similar cases and your own circumstances as materials showing that the disposition is excessively heavy in light of the disposition standards. The length of the 1st instance varies by case.

6. 6

   The court pronounces a judgment cancelling the disposition or confirming that it is void, or a judgment dismissing (not accepting) the claim. Even if the disposition is unlawful, if cancelling it would seriously conflict with the public interest, a 'judgment in consideration of circumstances' dismissing the claim may be given. It is good to know that winning does not always mean the disposition is cancelled.

7. 7

   Appeal to the High Court within 2 weeks from the day of receiving the written judgment, and if you cannot accept the appellate judgment, file a final appeal with the Supreme Court (Administrative Litigation Act §8, applying Civil Procedure Act §396 mutatis mutandis). Meanwhile, some dispositions have separate challenge procedures. For a driver's license disposition, you can file an objection with the commissioner of the city/provincial police agency within 60 days from the day you received the disposition (Road Traffic Act §94), and for discipline of a public official, you request a review from the Appeals Commission within 30 days from the day of receiving the statement of reasons for the disposition (State Public Officials Act §76). These deadlines run separately from the lawsuit deadline, so keep track of them as well.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file with? Can I file electronically?

File with the administrative court with jurisdiction over the area where the agency that made the disposition is located (in Seoul, the Seoul Administrative Court; elsewhere, the administrative division of the main district court). Dispositions by central administrative agencies can also be challenged at the Seoul Administrative Court.Electronic filing is also possible; file it as an 'administrative' case on the e-litigation website.

QHow much does it cost?

Some cases cannot be converted into a monetary amount, such as cancelling a business suspension or license revocation. In such cases, the amount in controversy (value of the suit) is deemed to be KRW 50 million, and the stamp fee is KRW 230,000.For electronic filing, you pay only 9/10. In a lawsuit to cancel a penalty surcharge, 1/3 of the surcharge amount is the amount in controversy (if the surcharge exceeds KRW 3 billion, it is calculated as KRW 3 billion).So the stamp fee varies with the amount. The service fee is paid for 10 rounds per party. The Administrative Appeals Act has no provision for a filing fee.

QDo I have to file an administrative appeal first?

As a rule, no. You can file a lawsuit directly without going through an administrative appeal. You can also do both, or only an administrative appeal.However, there are exceptions: taxes (request for review or adjudication), discipline of public officials (appeal review), driver's license dispositions (administrative appeal), and labor relations commission dispositions (review by the National Labor Relations Commission).For these dispositions, you can file a lawsuit only after first going through the adjudication set by law. If you do not follow this order, the lawsuit will not be accepted, so check first.

QWhen do the 90 days start?

Count from the day after you actually received the notice of disposition (the day you learned of the disposition). If you received it by registered mail, the post office's delivery record is the standard, so it is good to check the delivery record.Even if you did not receive the notice, you cannot file a lawsuit once 1 year has passed from the date of the disposition, unless there is a justifiable reason. If you went through an administrative appeal, a new 90 days are counted from the day you received the written ruling.

QIf I file a lawsuit, does the business suspension stop?

No. Filing a lawsuit does not stop the effect of the disposition.So if the business suspension period runs out during the lawsuit, winning the lawsuit may bring no practical benefit. To stop the disposition, you must file an application for a stay of execution together with the complaint. Details are set out in a separate procedure (stay of execution).

QCan I do it alone without a lawyer?

You can. However, the agency can respond by designating its staff as litigation performers or hiring a lawyer as its litigation representative.And you will be arguing points of law such as the statutes setting disposition standards or deviation from or abuse of discretion (exceeding the limits of discretion or abusing it). Another option is to file an administrative appeal yourself first and handle the lawsuit with a lawyer.