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Administrative Appeals Act


Published: 2012-02-17

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to relieve citizens through administrative appeals from any infringement of rights or interests due to an illegal or unreasonable disposition or omission of public power by administrative agencies, thereby achieving a due operation of administration.
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 Article 2 (Definitions)   print
For the purposes of this Act:
1. The term "disposition" means an exercise of public power or refusal thereof as by execution of law with respect to a concrete fact by an administrative agency, and other administrative actions corresponding to such exercise or rejection;
2. The term "omission" means a situation in which an administrative agency fails to make a certain disposition with respect to any application made by the party concerned, which it is legally obliged to do so in a reasonable period;
3. The term "ruling" means judgment, on a claim in an administrative appeal, made by the administrative appeals commission under Article 6;
4. The term "administrative agency" means an agency of nation or local government that determines and expresses its intention with respect to administration, and a public organization, its agency or a private person to which administrative power has been authorized or entrusted under Acts and subordinate statutes or regulations of local governments.
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 Article 3 (Objects of Administrative Appeals)   print
(1) Except as otherwise provided for by other Acts, an administrative appeal against a disposition or omission by an administrative agency may be filed under this Act.
(2) Except as otherwise provided for by other Acts, no administrative appeal against a disposition or omission by the President may be filed.
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 Article 4 (Special Administrative Appeal, etc.)   print
(1) Unless it is necessary because a certain case is extraordinary and exceptional, other Acts shall not provide for a special administrative insubordinate procedure (hereinafter referred to as "Special Administrative Appeal") that substitutes the administrative appeals under this Act or any exception to the procedure of administrative appeals under this Act.
(2) Even in cases where other Acts provide for a special administrative appeal or an exception to the procedure of administrative appeals under this Act, matters that are not provided for in those Acts shall be governed by this Act.
(3) When the head of a relevant administrative agency establishes or amends a special administrative appeal or the Act and subordinate statute that enacts or revises an exception to the procedure of administrative appeal pursuant to this Act, he/she shall conduct a prior consultation with the Central Administrative Appeals Commission.
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 Article 5 (Categories of Administrative Appeals)   print
Administrative appeals shall be classified as follows:
1. Appeals for revocation: Appeals for revocation or alteration of an illegal or unreasonable disposition by an administrative agency;
2. Appeals for affirmation of nullity, etc.: Appeals for affirmation of the effectiveness or ineffectiveness of a disposition by an administrative agency, or the existence or non-existence of such disposition;
3. Appeals for performance of obligation: Appeals for a certain disposition being made against an illegal or unreasonable disposition of refusal or omission by an administrative agency with respect to an application of the relevant party.
CHAPTER II APPEALS AGENCIES
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 Article 6 (Establishment of Administrative Appeals Commissions)   print
(1) With respect to an application for administrative adjudication (hereinafter referred to as "application for adjudication") filed against disposition or ommission by an administrative agency or its subordinate administrative agency under the following subparagraphs (referring to each agency that is supervised by an administrative agency or that is entrusted with an affair of an administrative agency, regardless of the hierarchy of administrative organization, and the administrative agency that is entrusted with an affair shall be deemed subordinate to the administrative agency that entrusts the affair in question; hereinafter the same shall apply), an administrative appeals commission established under an administrative agency mentioned in following subparagraphs shall examine and make a ruling:
1. The Board of Audit and Inspection of Korea, the Director of National Intelligence Service, and heads of agencies under direct jurisdiction of the President as prescribed by Presidential Decree;
2. The Secretary General of the National Assembly, the Minister of National Court Administration, the Secretary General of the Constitutional Court, and the Secretary General of the National Election Commission;
3. The National Human Rights Commission of Korea, the Truth and Reconciliation Commission, and other administrative agencies prescribed by Presidential Decree by reason of the independence, uniqueness, etc. of their position and nature.
(2) With respect to an application for adjudication filed against disposition or omission by an administrative agency under the following subparagraphs, the Central Administrative Appeals Commission established under the Anti-Corruption and Civil Rights Commission pursuant to the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter referred to as the "Anti-Corruption and Civil Rights Commission"), shall examine and make a ruling: <Amended by Act No. 11328 on Feb. 17, 2012>
1. Besides the administrative agencies under paragraph (1), the head of a State administrative organization or its subordinate administrative agency;
2. A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (including the Superintendent of the Office of Education in a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do or a Special Self-Governing Province; hereinafter referred to as the "Mayor/Do Governor") or its Assembly (including all administrative agencies under the Assembly, such as the Chairperson, the Chairperson of a Committee, and the Secretary General) of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as a "City/Do");
3. Associations of local governments under Local Autonomy Act and other administrative agencies jointly established by the State, local governments, public corporations, etc; Provided, That the administrative agency under Article 3 (3) shall be excluded.
(3) With respect to an application for adjudication filed against disposition or omission by an administrative agency under the following subparagraphs, the administrative appeals commission established under the Mayor/Do Governor examines and makes a ruling:
1. Administrative agency under a City/Do;
2. The head of a Si/Gun/autonomous Gu located in the jurisdiction of a City/Do, a subordinate administrative agency, or the Assembly of a Si/Gun/autonomous Gu (including all administrative agencies under the Assembly, such as the Chairperson, the Chairperson of a committee, the director of general services, and the head of general services);
3. Administrative agency jointly established by two or more local governments (referring to a Si/Gun/autonomous Gu) and a public corporation, etc. under the jurisdictions of a City/Do.
(4) Notwithstanding subparagraph 1 of paragraph (2), an application for adjudication filed against disposition or omission by the head of a special local administrative agency affiliated with a State administrative agency as prescribed by Presidential Decree, shall be examined and decided by the administrative appeals commission that is held in the immediate upper-level administrative agency having jurisdiction over the competent administrative agency.
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 Article 7 (Composition of Administrative Appeals Commissions)   print
(1) An administrative appeals commission (excluding the Central Administrative Appeals Commission; hereafter the same shall apply in this Article) shall be comprised of not more than 30 members, including one chairperson.
(2) The chairperson of an administrative appeals commission shall be an administrative agency to which the administrative appeals commission belongs. In cases where the chairperson is absent or is unable to perform his/her duty because of inevitable circumstances, and where he/she deems necessary, the members of the administrative appeals commission shall act on behalf of the chairperson according to the following priority:
1. A member of the administrative appeals commission who is nominated by the chairperson in advance;
2. A member of the administrative appeals commission, who is a public official and nominated in accordance with paragraph (4) (Where they are two or more members, a member who is in a higher position or higher grade as a pubic official belonging to the Senior Executive Service; where they serve in the same position or grade, a member who has greater seniority of service; or where they serve the same term of office, a member who has greater seniority).
(3) In cases where an administrative appeals commission is established under a Mayor/Do Governor pursuant to Article 6 (3) notwithstanding paragraph (2), a member of the commission who is not a public official may be designated as the chairperson of the commission. In such cases, the chairperson shall serve as a non-standing member.
(4) A member of an administrative appeals commission shall be commissioned from among the following persons or designated from among public officials under its control by an administrative agency to which the relevant administrative appeals commission belongs:
1. Persons who are qualified as attorney and thereafter gained more than five years experience in business;
2. Persons who are or were in a position of associate professor as prescribed in the paragraphs (1) through (6) of Article 2 of the Higher Education Act;
3. Persons who were public officials or were in a position higher than Grade IV or public officials who belong to the Senior Civil Service;
4. Persons who are qualified with doctorate degrees and thereafter gained more than five years experience in the relevant field;
5. Persons who have abundant knowledge and experience in administrative adjudication.
(5) The meetings of an administrative appeals commission shall be comprised of a chairperson and eight members (members commissioned pursuant to paragraph (4) shall be more than six persons, but in cases where the chairperson is not a public official pursuant to paragraph (3), it shall be more than five persons): Provided, That the commission may be comprised of a chairperson and six members nominated at every meeting (those commissioned under paragraph (4) shall be more than five members, in cases where the chairperson is not a public official, it shall be more than four persons) as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations or Presidential Decree (in cases where the administrative appeals commission under a Mayor/Do Governor as prescribed by this Article 6 (3), the commission complies with ordinance of a pertinent local autonomous entity).
(6) An administrative appeals commission shall pass a ruling by the attendance of a majority under paragraph (5) and the majority vote of those in attendance.
(7) Organization, operation and other necessary matters of an administrative appeals commission are determined by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations or Presidential Decree.
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 Article 8 (Composition of the Central Administrative Appeals Commission under Prime Minister)   print
(1) The Central Administrative Appeals Commission shall be comprised of 50 or less members, including one Chairperson and its standing members of not more than four.
(2) The Chairperson of the Central Administrative Appeals Commission shall be one person, from among the vice chairpersons of the Anti-Corruption and Civil Rights Commission, and where the Chairperson is absent or is unable to perform his/her duty because of inevitable circumstances, or where he/she deems necessary, a standing member shall act on the Chairperson's behalf (in order of seniority of service as a standing member, or in order of seniority in the case of the same term of office as a standing member).
(3) A standing member of the Central Administrative Appeals Commission shall be designated, from among state public officials in special service, and appointed by the President through the Prime Minister upon the recommendation of the Chairperson of the Central Administrative Appeals Commission from among those who have served as public officials of Grade III or higher or as public officials in general service who belong to the Senior Civil Service for three or more years in his/her term of office, or from among those who have significant knowledge and experienced in administrative adjudication.
(4) A non-standing member of the Central Administrative Appeals Commission shall be commissioned by the Prime Minister upon the recommendation of the Chairperson of the Central Administrative Appeals Commission from among persons falling under any subparagraph of Article 7 (4).
(5) The meetings of the Central Administrative Appeals Commission (the meetings of its subcommittee under paragraph (6) shall be excluded) shall be comprised of nine persons, including the Chairperson, standing members, and non-standing members designated by the Chairperson for each meeting.
(6) The Central Administrative Appeals Commission may have a subcommittee comprised of four members that examines and makes a ruling on a case in relation to the administrative disposition of drive license under Street Traffic Act (excluding cases where the subcommittee has decided to be examined and made a ruling by the Central Administrative Appeals Commission), from among cases of adjudication request (hereinafter referred to as "case").
(7) The Central Administrative Appeals Commission and the subcommittee shall make a decision by the attendance of a majority of the members under paragraphs (5) and (6) and a majority vote of those in attendance.
(8) The Central Administrative Appeals Commission may establish a specialized committee for a prior review of an appeal request designated by the Chairperson, if deemed necessary.
(9) Matters concerning the organization and operation of the Central Administrative Appeals Commission, the subcommittee and the specialized committee shall be prescribed by Presidential Decree.
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 Article 9 (Term of Members and Guarantee of their Status, etc.)   print
(1) A member designated pursuant to Article 7 (4) shall be reappointed during his/her term of office.
(2) A standing member of the Central Administrative Appeals Commission appointed pursuant to Article 8 (3) shall serve in office for three years and may be reappointed once.
(3) The term of office of a member commissioned by Article 7 (4) and 8 (4) is two years, but he/she may be reappointed twice: Provided, That in cases where a member is commissioned by an administrative appeals commission established under one of the agencies referred to in Article 6 (1) 2, the term of office of the member shall comply with the relevant regulations of the National Assembly, the Supreme Court, the Constitutional Court, or the National Election Commission.
(4) A person falling under any of the following subparagraphs shall not serve as a member of an administrative appeals commission under Article 6 (hereinafter referred to as "commission"); if the member becomes any of following persons, he/she shall resign from the commission:
1. A person who is not a national of Republic of Korea;
2. A person falling under any of Article 33 of the State Public Officials Act.
(5) A member commissioned as prescribed in Article 7 (4) and 8 (4) shall not be decommissioned against his/her will, except in cases where he/she is sentenced to imprisonment without labor or heavier punishment, or he/she is unable to perform his/her duty for a long time due to inevitable circumstances.
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 Article 10 (Exclusion, Challenge and Refrainment of Members)   print
(1) Any member of the administrative appeals commission who falls under any of the following subparagraphs shall be excluded from deliberation and resolution on the case. In such cases, the decision of exclusion shall be made by the chairperson of the commission ex officio or upon request of the party:
1. Where a member or his/her spouse or ex-spouse, becomes a party to the case in question, or bears the relationship of joint obligee or joint obligor with the case in question;
2. Where a member is or was a relative of a party to the case in question;
3. Where a member has testified or appraised with respect to the case in question;
4. Where a member is or was involved in the case in question as a representative of the party;
5. Where a member has taken part in the disposition or omission which became the subject matter of the case in question.
(2) If there is any circumstance in which it is difficult to expect a fair deliberation and resolution from any member, the party may file a request with the chairperson to challenge the member.
(3) A request to exclude or challenge shall be filed in writing, by stating the ground therefor.
(4) A chairperson may receive the opinion with respect to the case from the member who became the object of a request to exclude or challenge.
(5) When a chairperson receives a request to exclude or challenge, he/she shall make a decision on such request to exclude or challenge, and send the original written decision to the applicant without delay.
(6) If a member participating in the commission becomes aware that he/she falls under exclusion or challenge, he/she may abstain from deliberation and resolution on the relevant case. In such cases, the member who wishes to abstain shall clarify the request to the chairperson.
(7) Paragraph (1) through (6) shall apply mutatis mutandis to employees, other than members who become involved in the affairs concerning deliberation and resolution on the case.
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 Article 11 (Legal Fiction as Public Official in Application of Penal Provisions)   print
Members of the commission who are not public officials shall be deemed public officials in the application of the penal provisions under the Criminal Act and other Acts.
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 Article 12 (Succession to Power of Commission)   print
(1) After application is filed for appeal by a party, in cases where a commission has lost the power to make a ruling with respect to a request for appeal due to a revision or repeal of Acts and subordinate statutes or a decision of replacement of the appellee under Article 17 (5), the relevant commission shall send a written appeal, related documents, and other materials to the commission which is newly authorized to make a ruling on the appeal.
(2) In cases referred to in paragraph (1), upon receipt of such documents, etc. the commission shall promptly notify the following persons of such fact:
1. A person who files the administrative appeal (hereinafter referred to as "appellant");
2. A person who the administrative appeal is filed to (hereinafter referred to as "appellee");
3. A person who participates in an administrative appeal under Articles 20 and 21 (hereinafter referred to as "intervenor").
CHAPTER III PARTIES AND INTERESTED PERSONS
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 Article 13 (Qualification as Appellant)   print
(1) An appeal for revocation may be filed by a person having legal standing to seek the revocation or alteration of a disposition. The same shall apply to a person having legal standing to be recovered by the revocation of a disposition, even after the effect of such disposition has been extinguished due to the expiration of period, execution of disposition or other causes.
(2) An appeal for affirmation of nullity, etc. may be filed by a person having a legal interest to seek an affirmation as to whether a disposition is valid, or whether a disposition exists.
(3) An appeal for fulfillment of an obligation may be filed by a person having requested a disposition and having a legal interest to seek a certain disposition against disposition of refusal or omission by an administrative agency.
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 Article 14 (Ability for Appellant of Unincorporated Association or Foundation)   print
Any unincorporated association or foundation whose representative or manager is appointed may file an appeal in the name of the association or foundation.
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 Article 15 (Selected Representative)   print
(1) When several appellants file an appeal jointly, three or less representatives may be appointed, from among them.
(2) If appellants fail to select representatives under paragraph (1), a commission may advise them to select their representatives if needed.
(3) Selected representatives may perform all activities relating to the relevant case on behalf of the other appellants: Provided, That in the event of a withdrawal of the appeal, all the appellants selecting other representatives shall consent, and it shall be stated in writing that such consent has been received.
(4) If representatives are selected, the other appellants may perform activities relating to the relevant case only through such representatives.
(5) If necessary, the appellants who have designated representatives may discharge or change the representatives. In such cases, the appellants shall provide notice thereof without delay to the commission.
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 Article 16 (Succession to Position of Appellant)   print
(1) If an appellant dies, the heir or a third person who, under other Acts and subordinate statutes, has succeeded to the right or interest related to the object for which an appeal is raised, shall succeed to his/ her position.
(2) In cases where a corporate appellant is terminated in compliance with a merger, the juristic person who continues to exist after the merger or has been newly established by the merger shall succeed to the position of such appellant.
(3) In cases referred to in paragraphs (1) and (2), a person who has succeeded to the position of an appellant shall report in writing the grounds therefor to a commission. In such cases, such report shall be accompanied by a document proving the succession to right or interest due to death, etc. or the merger.
(4) In cases referred to in paragraph (1) or (2), if a notification or other act has been made to a person who died or a juristic person having existed before the merger until the date of report under paragraph (3), and reaches his/her successor, the notification or act is effective, as such, to the successor.
(5) Any person who has been transferred the right or interest related to the object for which an appeal was raised may be succeeded to the position of appellant with permission of the commission.
(6) If the commission receives a request to succeed to the position, it may request parties and participants to propose their opinion within a certain period of time. If the parties or participants fail to do so, the commission shall be deemed to have no opinion.
(7) The commission shall determine whether to permit the application for succession to position under paragraph (5), and without delay send the original written decision to an applicant and the certified copy of written decision to a participant.
(8) In cases where the commission fails to permit succession to the position under paragraph (5), an applicant may file an objection within seven days from the date on which he/she receives the original decision in writing.
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 Article 17 (Eligibility for and Correction of Appellee)   print
(1) An appeal for adjudication shall be filed by designating the relevant administrative agency which has made a disposition as an appellee (in cases of an appeal for fulfillment of an obligation, it shall be an administrative agency that has received an appellant's request): Provided, That in cases where the power related to the object for which an appeal was raised has been transferred to another administrative agency, the appellee shall be the administrative agency having received such power.
(2) If an appellant has made a mistake in designating the appellee, a commission may, ex officio or upon request by the party, correct the appellee.
(3) When a commission has made a decision on replacement of the appellee under paragraph (2), it shall serve an original decision in writing to the party (including the previous appellee and new appellee; hereinafter the same shall apply in paragraph (6)).
(4) When a decision has been made under paragraph (2), an appeal for adjudication against the previous appellee shall be deemed withdrawn, and even when an appeal for adjudication against the previous appellee has been filed, it shall be deemed to be filed initially.
(5) If circumstances referred to in paragraph (1) have occurred after filing an appeal, a commission shall make a decision to replace the appellee ex officio or upon request by the party. In such cases, the provisions of paragraphs (3) and (4) shall apply mutatis mutandis.
(6) The party may raise an objection to the commission with respect to the decision of the commission under paragraph (2) or (5) within seven days from the date on which he/she receives the original decision.
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 Article 18 (Appointment of Agents)   print
(1) An appellant may appoint an agent, other than his/her legal agent, from among any persons falling under any of the following persons:
1. Spouse of the appellant, or blood relative within three degrees of the appellant or his/her spouse;
2. Executive or staff belonging to a juristic person who is the appellant or an unincorporated association or foundation who qualifies to become an appellant;
3. Attorneys-at-law;
4. Persons entitled to represent an appeal for adjudication under other Acts;
5. Other persons who have obtained permission from a commission.
(2) An appellee may appoint any of his/her employees or any person who falls under paragraph (1) 3 through 5 as his/her agent.
(3) Article 15 (3) and (5) shall apply mutatis mutandis to agents referred to in paragraphs (1) and (2).
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 Article 19 (Qualification of Representative, etc.)   print
(1) The qualification of a representative, manager, selected representative or agent shall be attested in writing.
(2) If a representative, manager, appointed representative or agent has become disqualified, the appellant or appellee shall report the fact in writing to the commission.
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 Article 20 (Intervention)   print
(1) Any third person or administrative agency having an interest in the result of appeal may intervene in the relevant case before a decision by the commission or its subcommittee under Article 7 (6) and 8 (7).
(2) Any person who wishes to intervene under paragraph (1) shall submit a written application for participation with its purpose and reason to the commission. In such cases, he/she shall submit one copy of a written application for each party.
(3) When the commission receives an application for participation, its copy shall be sent to the party concerned.
(4) For paragraph (3), the commission may recommend parties and other participants to submit their opinion with respect to application for participation of the third party. If the party and other participants do not submit their opinion within a certain period of time, the commission shall be deemed to have no opinion with regard thereto.
(5) When the commission receives an application for participation under paragraph (2), it shall make a decision whether to accept it, and it shall promptly serve the written original decision to the applicant, and a certified copy of written decision to the party and other participant.
(6) An applicant may file an objection within seven days from the date on which he/she receives service under paragraph (5).
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 Article 21 (Request for Intervention)   print
(1) If it is deemed necessary, a commission may request a third person or an administrative agency having interests in the results of appeal to intervene in the appeal of the relevant case.
(2) Upon receipt of request referred to in paragraph (1), a third person or administrative agency shall notify the commission of his/her intention whether to intervene or not in the appeal of the relevant case without delay.
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 Article 22 (Position of Intervenor)   print
(1) An intervenor may perform a procedural act of appeal that a party is able to conduct in the course of the administrative appeal.
(2) When a party submits the relevant document to a commission under this Act, the number of its copy shall be the same as that of participants. When a commission notifies a party thereof or serves a document on a party, it shall notify or serve an intervenor simultaneously.
(3) With respect to the agent appointment of party, qualification of representative and submission of document, Article 18, 19 and paragraph (2) of this Article shall apply mutatis mutandis.
CHAPTER IV APPEAL FOR ADJUDICATION
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 Article 23 (Presentation of Written Appeal for Adjudication)   print
(1) A person who wishes to file an administrative appeal shall make out a written appeal for adjudication under Article 28 and present it to an appellee or the commission. One copy of written appeal for adjudication shall be presented for each appellee therefor.
(2) In cases where an appellant has presented a written appeal for adjudication to a wrong administrative agency because the competent administrative agency failed to notify or made a mistake in notifying him/her under Article 58, the administrative agency shall send such written appeal to the competent administrative agency without delay.
(3) An administrative agency which has served a written appeal for adjudication under paragraph (2) shall provide notice thereof to the appellant without delay.
(4) In calculating the period for appeal under Article 27, an appeal shall be deemed to have been filed at the time the written appeal for adjudication has been presented to the appellee or the commission under paragraph (1), or the administrative agency under paragraph (2).
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 Article 24 (Receiving and Handing of Written Appeal for Adjudication, etc. of Appellee)   print
(1) When an appellee has received a written appeal for adjudication under Article 23 (1), (2) and Article 26 (1), he/she shall present within ten days the written appeal for adjudication (applicable only to paragraph (1) and (2) of Article 23) and a written answer to the commission: Provided, That this shall not apply in cases where an appellant withdraws the appeal.
(2) In cases where the third party, other than the other party of disposition has filed an appeal for adjudication, an appellee shall notify the other party of the disposition of the fact without delay. In such cases, copies of a written appeal for adjudication shall be sent together.
(3) In cases where an appellee files a written appeal for adjudication pursuant to the main sentence of paragraph (1), it shall be sent to the commission having the right authority even if the commission is not or wrongly shown in the written appeal.
(4) When an appellee submits a written answer pursuant to the main sentence of paragraph (1), he/she shall send copies of the written answer as many as the number of appellants, on which the items of following subparagraphs shall be clearly specified:
1. Grounds and reasons of disposition or ommission;
2. Answers corresponding to the objectives and grounds for an appeal for adjudication;
3. In cases of paragraph (2), name, address and contact information of the other party of disposition, and where the obligation of paragraph (2) has been fulfilled.
(5) In cases of paragraphs (2) and (3), an appellee shall notify an appellant of the fact of delivery without delay.
(6) In cases where the administrative appeals commission under the Prime Minister examines and makes a ruling, an appellee shall send the written appeals for adjudication and a written answer not only to the commission, but to a head of the competent central administrative agency, in accordance with paragraph (1).
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 Article 25 (Ex officio Revocation of Appellee, etc.)   print
(1) In cases where an appellee receiving a written appeal for adjudication pursuant to Article 23 (1) and (2) or Article 26 (1) recognizes that such appeal for adjudication has a good reason, he/she may, in accordance with the objective of appeal for adjudication, revoke and alterate ex officio disposition, confirm, or dispose of it (hereafter referred to as "ex officio revocation, etc." in this Article) pursuant to application. In such cases, a written notice shall be sent to an appellant.
(2) In cases where an appellee has made ex officio revocation, etc. under paragraph (1), unless an appellant revokes an appeal for adjudication. he/she shall present to the commission a written certified document attesting to ex officio revocation, etc. as the time of serving a written appeal for adjudication and a written answer in accordance with the main sentence of Article 24 (1).
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 Article 26 (Receiving and Processing Written Appeal for Adjudication, etc. of Commission)   print
(1) The commission shall serve a copy of the written appeal for adjudication on an appellee without delay when it receives a written appeal for adjudication under Article 23 (1).
(2) The commission shall serve a copy of the written answer on an appellant, when a written answer is presented to the commission from an appellee under the main sentence of Article 24 (1).
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 Article 27 (Period for Appeal)   print
(1) An appeal shall be brought within 90 days from the date on which an appellant becomes aware that a disposition has been made.
(2) If an appellant has been unable to bring an appeal within a period prescribed in paragraph (1) due to force majeure, such as natural disasters, war, emergency or others, he/she may bring the appeal within 14 days from the date on which the cause thereof no longer exists: Provided, That in cases where an appeal is brought in a foreign country, the period shall be 30 days.
(3) No appeal may be brought after 180 days pass from the date a disposition is made: Provided, That in cases where any extenuating ground exists, the same shall not apply.
(4) The period referred to in paragraphs (1) and (2) shall be an immutable term.
(5) In cases where an administrative agency informed by mistake an appeal period longer than that prescribed in paragraph (1), if an appeal has been brought in the period so mistakenly informed, the appeal shall be deemed to have been brought within the period prescribed in paragraph (1).
(6) When an administrative agency has failed to issue notice of the period for an appeal, the appeal may be brought within the period referred to in paragraph (3).
(7) Paragraphs (1) through (6) shall not apply to an appeal for confirmation of nullity, etc. and an appeal for performance of obligation against ommission.
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 Article 28 (Method of Appeals)   print
(1) An appeal shall be raised in writing.
(2) In cases of appeals against disposition, the following matters shall be included in the written appeal for adjudication:
1. Name, address or office of the appellant (If he/she wishes to receive service thereof at a certain place, other than address or place, the place shall be added in its writing.);
2. The appellee and the commission;
3. Details of a disposition against which the appeal has been brought;
4. Date on which the appellant becomes aware that a disposition has been made;
5. Purport and reason of appeal;
6. Whether the administrative appeal is notified to the appellee, and the details of such notification, if any.
(3) In cases of an appeal against an omission, the details and date of the application with respect to which the omission occurred, shall be stated in addition to the matters referred to in paragraph (2) 1, 2 and 5.
(4) If the appellant is a juristic person, an unincorporated association or foundation as a competent appellant under Article 14, or the appeal is raised by a selected representative or agent, the name and address of such representative, manager, selected representative or agent shall be stated in addition to the matters referred to in paragraphs (2) and (3).
(5) The document referred to in paragraph (1) shall be signed and sealed by the appellant, representative, manager, selected representative or agent.
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 Article 29 (Alteration of Appeal)   print
(1) An appellant may alter the purport or a ground for appeal without altering the grounds of appeal.
(2) When an appellee alters the disposition against which the appeal is brought after an appeal is raised, the appellant may alter the purport or reason of the appeal in conformity with such alteration of disposition.
(3) Application for an alteration of appeal under paragraph (1) and (2) shall be made in writing. In such cases, he/she shall present copies of application for an alteration of appeal as many as the number of appellees and participants.
(4) The commission shall serve appellees and participants with copies of application for an alteration of appeal under paragraph (3).
(5) For paragraph (4), the commission may recommend appellees and participants to submit their opinion with respect to application for an alteration of appeal; and if appellees and participants do not submit their opinion within a certain period of time, they shall be deemed to have no opinion.
(6) The commission shall make a decision whether to permit the application for an alteration of appeal under paragraph (1) and (2), and shall, without delay, serve a transcript of the original decision on an applicant, for a party and participant with the certified copy of written decision.
(7) An appellant may submit an objection to the commission within seven days from the date on which he/she receives the delivery under Article 6.
(8) If alteration of appeal has been decided, the appeal is deemed to be brought by the altered purport and reason by which the appeal has been brought for the first time.
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 Article 30 (Suspension of Execution)   print
(1) No appeal shall adversely affect the effect of disposition, or execution thereof or continuation of proceedings.
(2) If the commission deems that it is urgent to prevent a possible serious loss to be caused by a disposition or execution thereof or continuation of proceedings, it may, ex officio or upon request by the party, decide to suspend the whole or part of the effect of such disposition, or execution of disposition or continuation of proceedings (hereinafter referred to as "suspension of execution"): Provided, That in cases where the object of a suspension of the effect of the disposition is attainable by suspending the execution of the disposition or continuation of proceedings, suspension of the effect of the disposition itself shall not be permitted.
(3) No suspension of execution that may adversely affect the public welfare shall be permitted substantially.
(4) If a suspension of execution has a serious adverse effect on public welfare or the cause therefor has disappeared after deciding to suspend the execution, the commission may, ex officio or upon request by the party, cancel the suspension of execution.
(5) Application for a suspension of execution shall be made at the same time as an appeal for adjudication or prior to the ruling of the commission or subcommission thereof under Article 7 (6) and Article 8 (7) for an appeal; and cancellation of a ruling for a suspension of execution shall be applied prior to the ruling of the commission or subcommission under Article 7 (6) and Article 8 (7) for an appeal by presenting a document stating the purport and reason of such application to the commission: Provided, That when the suspension of execution is applied at the same time of appeal, for which a written application has been submitted to an appellee, the copy of a written appeal for adjudication and its receipt certificate shall be presented together.
(6) Notwithstanding paragraphs (2) and (4), if it is deemed that the wait for the deliberation and decision of a commission may cause a serious damage, the chairperson of the commission may make an ex officio decision in lieu of such deliberation and decision. In such cases, the chairperson shall report it to the commission for approval, and if he/she fails to obtain the approval, the chairperson shall cancel the decision to suspend execution or to cancel the suspension of execution.
(7) If a commission renders the deliberation and decision on the suspension of execution or the cancellation thereof, it shall serve a written decision on the relevant party without delay.
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 Article 31 (Provisional Disposition)   print
(1) In cases where a disposition or ommission is deemed to be illegal and unfair and thus it is necessary to grant temporary status to prevent a serious disadvantage or urgent danger that the disposition or omission might cause to the party, the commission may issue a provisional disposition ex officio or upon request by the party.
(2) The provisional disposition under paragraph (1) shall apply mutatis mutandis to Article 30 (3) through (7). In such cases, "may cause a serious damage" in the forepart of paragraph (6) of the same Article shall be considered to be "concern over bringing a serious disadvantage and urgent danger".
(3) The provisional disposition under paragraph (1) is not permitted if the suspension of execution under Article 30 (2) can achieve the purpose.
CHAPTER V DELIBERATION
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 Article 32 (Correction)   print
(1) If a commission deems that an appeal is unlawful, but correctable, it shall require the correction with a given period: Provided, That in cases where the matter to be corrected is insignificant in nature, it may correct such appeal ex officio.
(2) A correction under paragraph (1) shall be made in writing. In such cases, the written correction shall be submitted together with duplicates, the number of which shall be the same as the number of the parties.
(3) A commission shall deliver the duplicates submitted under paragraph (2) to other parties without delay.
(4) If any correction is duly made under paragraph (1), the appeal shall be deemed to have been brought lawfully from the beginning.
(5) The period for making a correction under paragraph (1) shall not be included in the period for making a ruling under Article 45.
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 Article 33 (Supplementation of Claim)   print
(1) If the relevant party deems it necessary to supplement the claims that he/she has made in a written appeal, written correction, written answer or written request for intervention, or to rebut claims of the other parties, he/she may submit a written supplement. In such cases, the written supplement shall be submitted together with duplicates, the number of which shall be the same as the number of the other parties.
(2) The commission may determine the deadline for a written supplement, if it is deemed necessary.
(3) If the commission has received a written supplement under paragraph (1), it shall deliver the duplicates submitted to other parties without delay.
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 Article 34 (Presentation of Documentary Evidence, etc.)   print
(1) The party concerned may present documentary evidence or other evidence supporting his/her claim in addition to a written appeal, written correction, written answer or written request for intervention.
(2) Documentary evidence referred to in paragraph (1) shall be accompanied by duplicates, the number of which shall be the same as the number of other parties.
(3) The commission shall deliver the duplicates of documentary evidence presented by the party to the other parties without delay.
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 Article 35 (Request to Present Material, etc.)   print
(1) If necessary for an examination of a case, the commission may request the pertinent administrative agency to present the related document, ledger and other necessary material.
(2) If deemed necessary, the commission may request that an administrative agency in charge of Acts and subordinate statutes related to a case, the head of other administrative agency, or public officials under his/her supervision attend the meeting of the commission and state their opinion, or present their written opinion.
(3) If there is no special reason, the head of the pertinent administrative agency shall comply with a request from the commission under paragraphs (1) and (2).
(4) In cases where the Central Administrative Appeals Commission examines and makes a ruling on an appeal for adjudication, the head of the competent central administrative agency may present his/her written opinion or attend the Commission to state his/her opinion.
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 Article 36 (Investigation of Evidence)   print
(1) If a commission deems it necessary for a deliberation of the case, it may, ex officio or upon the request by the party, conduct an investigation on the evidence by the following means:
1. Have the party or the person for reference (including the pertinent public official of the related administrative agency; hereinafter the same apply) attend the meeting of the commission so as to question him/her with regard thereto;
2. Demand to present papers, books, materials or other evidence held by the party or interested person, and having the provisional custody thereof;
3. Demand a third person with special knowledge and experience to conduct the expert appraisal;
4. Entering a place such as the address, residence, business place, of the party or the person for reference, and inquire him/her, or examine and verify paper, article, etc.
(2) If necessary, a commission may entrust the personnel of an administrative agency to which the commission belongs, or other administrative agency to investigate evidence referred to in paragraph (1).
(3) A person who investigates evidence shall carry a certificate of identification and produce it to the party or the person for reference.
(4) The party, etc. referred to in paragraph (1) shall comply with and cooperate faithfully in any investigation, demand, etc. of the commission.
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 Article 37 (Joinder or Separation of Procedure)   print
If necessary, a commission may merge related appeals or separate merged appeals and examine them.
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 Article 38 (Fixed Date for Deliberation and its Change)   print
(1) A date for deliberation shall be fixed ex officio by the commission.
(2) A date for deliberation shall be changed upon request by the party or ex officio.
(3) If the date of deliberation is changed, the commission shall notify the fact and grounds thereof without delay.
(4) Notification of the date for deliberation or its change may be made in writing or in simple means of notification (hereinafter it is called as "simple means") such as a phone call to the phone number stated on the written appeal, text message using cellular phone, facsimile or electronic mail, etc.
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 Article 39 (Ex officio Deliberation)   print
If necessary, a commission may examine matters that the party has not claimed.
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 Article 40 (Method of Deliberation)   print
(1) The deliberation of an administrative appeal shall be made orally or in writing: Provided, That if requested by a party, oral deliberation shall be conducted, except as it is deemed that a decision can be made only with written deliberation.
(2) Upon receipt of a request for oral deliberation under paragraph (1), a commission shall determine as to whether to permit it, and notify the applicant of the result.
(3) The notification under paragraph (2) may be provided by simple means.
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 Article 41 (Confidentiality of Contents of Statement, etc.)   print
The contents of members' speeches during meetings of the commission, and other matters as prescribed by Presidential Decree which are likely to impede fairness in deliberation and decision-making by the commission if disclosed, shall not be disclosed to the public.
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 Article 42 (Withdrawal of Appeal, etc.)   print
(1) An appellant may withdraw an appeal in writing before a ruling on an appeal is made under Article 7 (6) and Article 8 (7).
(2) An intervenor may withdraw a request for intervention in writing before a ruling on the appeal is made under Article 7 (6) and Article 8 (7).
(3) A written withdrawal under the aforementioned paragraphs (1) and (2) shall be signed and sealed by the appellant or intervenor.
(4) An appellant or an intervenor shall present the written withdrawal to an appellee or a commission. In such cases, Article 23 (2) through (4) shall apply mutatis mutandis.
(5) If an appellee or a commission receives the written withdrawal under paragraphs (1) or (2) with respect to an on-going case, the appellee or commission shall promptly notify another administrative agency, an appellant and an intervenor of such fact.
CHAPTER VI RULINGS
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 Article 43 (Classification of Rulings)   print
(1) If an appeal is unlawful, a commission shall dismiss it.
(2) If a commission finds that an appeal is groundless, it shall reject the appeal.
(3) If a commission finds that an appeal for revocation is well-grounded, it shall revoke or alter the disposition or order the administrative agency which made such disposition to revoke or alter it.
(4) If a commission finds that an appeal for affirmation of nullity, etc. is well-grounded, it shall affirm as to whether a disposition is effective, or whether a disposition has been made.
(5) If a commission finds that an appeal for performance of obligation is well-grounded, it shall promptly make a disposition in conformity with the request, or order to do so to an appellee.
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 Article 44 (Circumstantial Rulings)   print
(1) Even if a commission deems that an appeal is well-grounded, if accepting it is believed to be detrimental to the public welfare, it may reject the appeal. In such cases, the commission shall specify it in the main sentence of the ruling that the disposition or omission is unlawful or unreasonable.
(2) In making a ruling under paragraph (1), the commission may take proper relief measures for the appellant, or order the appellee to take such measures.
(3) Paragraphs (1) and (2) shall not apply to an appeal for affirmation of nullity, etc.
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 Article 45 (Period for Making Rulings)   print
(1) A ruling shall be made within 60 days from the date on which an appellee or a commission has received a written appeal under Article 23: Provided, That if unavoidable circumstances exist to the contrary, a chairperson may extend the period thereof by 30 days ex officio.
(2) If a ruling period is extended under the proviso to paragraph (1), the chairperson shall serve the parties concerned with notification thereof until at least seven days before the ruling period expires.
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 Article 46 (Method of Ruling)   print
(1) A ruling shall be made in writing.
(2) The following matters shall be stated in a written ruling under paragraph (1):
1. Number and title of the case;
2. Name and domicile of the party, a representative or agent;
3. Text;
4. Purport of the appeal;
5. Reasons;
6. Date of ruling.
(3) The reason stated in a written ruling shall include the judgement to the extent, enough for the text of the ruling to be justified.
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 Article 47 (Scope of Ruling)   print
(1) A commission shall not make any ruling on matters, other than a disposition or omission which is the subject matter of an appeal.
(2) A commission shall not make any ruling more unfavorable for the appellant than a disposition which is the object of an appeal.
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 Article 48 (Service and Effectiveness of Ruling)   print
(1) A commission shall serve the party with an authenticated copy of the written ruling without delay. In such cases, the Central Administrative Appeals Commission shall also notify the head of the competent central administrative agency of the result of ruling.
(2) A ruling shall come into effect at the time of service on the appellant pursuant to the forepart of paragraph (1).
(3) A commission shall serve an intervenor with a certified copy of the ruling without delay.
(4) If a third person, other than the other party of the disposition brings an appeal, a commission shall serve the other party of the disposition through an appellant with a certified copy of the written ruling without delay.
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 Article 49 (Binding Force, etc. of Ruling)   print
(1) A ruling recognized by an appeal shall restrict an appellee and other relevant administrative agencies.
(2) If a ruling is made to order the performance of the disposition for cases where request by the party has been refused or neglected by ommission, the administrative agency shall exercise, without delay, the disposition in conformity with the intent of such ruling for the previous application.
(3) Paragraph (2) in this Article shall apply mutatis mutandis to cases where a disposition made upon request is revoked by a ruling for its procedural illegality or unreasonableness.
(4) If a disposition notified publicly pursuant to Acts and subordinate statutes is revoked or altered by a ruling, the administrative agency which has made the disposition shall immediately issue a public notice that the disposition is revoked or altered without delay.
(5) If a disposition notified to the interested persons other than the party of the disposition pursuant to Acts and subordinate statutes is revoked or altered by a ruling, the administrative agency which has made the disposition shall notify the interested persons without delay that the disposition is revoked or altered.
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 Article 50 (Direct Disposition of Commission)   print
(1) If an appellee fails to exercise a disposition notwithstanding Article 49 (2), the commission may order, upon request by the party, its correction in writing within a given period, and if it is not made within such period, it may exercise the disposition directly: Provided, That this shall not apply in cases where the commission is unable to exercise the disposition directly due to the nature of the disposition or other unavoidable grounds.
(2) When the commission has made the disposition directly according to the main sentence of paragraph (1) of this Article, it shall notify the administrative agency concerned of the fact; the agency in turn, shall regard the disposition by the commission as its own disposition and take necessary measures such as administration, supervision, etc. in accordance with relevant Acts and subordinate statutes.
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 Article 51 (Prohibition of Reappeal)   print
In cases where a ruling on any appeal is made, further appeal shall not be filed against the relevant ruling, the same disposition or omission.
CHAPTER VII PERFORMANCE OF ADMINISTRATIVE APPEAL THROUGH ORGANIZATION FOR ELECTRONIC DATA PROCESSING
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 Article 52 (Appeal, etc. through Organization for Electronic Data Processing)   print
(1) A person who follows the procedure of the administrative appeal pursuant to this Act may put in electronic writing the written administrative appeals and other papers and present them using information and communication network through the organization for electronic data processing (referring to the electronic device equipped with data processing capability, established by integrating hardware, software, database, network, security element, etc. that enable him/her to prepare, submit and send the electronic document necessary for the procedure of the administrative appeal; hereinafter the same shall apply.) designated and operated by commission.
(2) An electronic document presented pursuant to paragraph (1) shall be deemed submitted in accordance with this Act, and obligation to present a duplicate copy shall be exempted accordingly.
(3) The electronic document presented pursuant to paragraph (1) shall be deemed received in the same manner as the document recorded in the information and communication network when a person who presented the document has confirmed the receipt number that is provided through the information and communication network by the organization for electronic data processing.
(4) In cases where an appeal is brought by the organization for electric data processing, when the period of the appeal is counted pursuant to the Article 27, the appeal shall be deemed brought at the time it is received under paragraph (3).
(5) With reference to the designated content of the organization for electronic data processing, and the receipt and processing the written administrative appeal, etc. using the organization for electronic data processing, requirements thereof shall be determined by the regulations of the National Assembly, the regulations of the Supreme Court, the regulations of the Constitutional Court, the regulations of the National Election Commission or Presidential Decree.
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 Article 53 (Electronic Signature, etc.)   print
(1) The commission may request an official electronic signature or other certification (hereafter in this Article referred to as "electric signature, etc.") pursuant to Article 2 (3) of "the Digital Signature Act" that enables a person who intends to follow the procedure of administrative appeal through the organization of electronic data processing to identify himself/herself.
(2) A person who put an electronic signature pursuant to paragraph (1) of this Article is deemed to have signed and sealed in accordance with this Act.
(3) Requirements for electronic signatures, etc. shall be prescribed by the regulations of National Assembly, the regulations of Supreme Court, the regulations of Constitutional Court, the regulations of National Election Commission or Presidential Decree.
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 Article 54 (Service, etc. using Organization for Electronic Data Processing)   print
(1) An appellee or a commission may serve a person who has requested an administrative appeal pursuant to Article 52 (1) or a person who has intervened an appeal with a written ruling or various papers under this Act using the organization for electronic data processing and its associated information and communication network: Provided, That if an appellant or an intervenor doesn't agree with the aforementioned, this shall not apply.
(2) In cases of the main sentence of paragraph (1), the commission shall input and register a document such as the written ruling, etc. to send in the organization for electronic data processing, and then notify him/her of the fact that it has been registered by way of the electronic mail, etc. in accordance with the regulations of the National Assembly, the regulations of the Supreme Court, the regulations of the Constitutional Court, the regulations of the National Election Commission or Presidential Decree.
(3) The service of a document through the organization for electronic data processing under paragraph (1) has the same effect as the one in writing.
(4) The document served pursuant to paragraph (1) is deemed to arrive at the time an appellant confirms the electronic document registered under paragraph (2), the content of the document being as described in organization for electronic data processing: Provided, That if a registered fact is not confirmed within two weeks (within seven days for the document except the written ruling) from the date on which it has been notified in accordance with paragraph (2), it is deemed to have arrived at the date of being in two weeks (within seven days for the document except the written ruling) from the date on which it has been notified.
(5) In cases where a person who have requested or intervened an appeal in writing requests the use of the organization for electronic data processing, Articles 52, and Article 53 and this Article shall apply mutatis mutandis.
(6) With reference to the service of the document among a commission, an appellee, other administrative agencies concerned, Article 52, Article 53 and this Article shall apply mutatis mutandis.
(7) A method of service pursuant to the main sentence of paragraph (1) or other necessary matters shall be prescribed by the regulations of the National Assembly, the regulations of the Supreme Court, the regulations of the Constitutional Court, the regulations of the National Election Commission or Presidential Decree.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 55 (Return of Documentary Evidence, etc.)   print
Upon request for return of documentary evidence, etc. after a ruling, a commission shall without delay return papers, books, materials or the originals of other evidential matter presented by an appellant to the person who has presented them.
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 Article 56 (Obligation to Report Alteration of Place for Service as Address, etc.)   print
If address, office or place for service is altered, the party, agent, intervenor, etc. shall promptly notify the commission of such fact in writing or by the organization for electronic data processing. In cases of the alteration of an electronic mail address, etc. under Article 54 (2), the same shall apply.
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 Article 57 (Service of Documents)   print
With respect to the method of document service under this Act, the provisions related to the service in the Civil Procedure Act shall apply mutatis mutandis.
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 Article 58 (Notification of Administrative Appeal)   print
(1) When an administrative agency executes a disposition, it shall inform the other party of the following:
1. Whether its is possible to request an appeal against the pertinent disposition;
2. In cases where an administrative appeal is requested, the procedure of the administrative appeal and the period thereof.
(2) If requested by a person interested, an administrative agency shall inform the person of the following:
1. Whether the disposition in question is subject to an administrative appeal;
2. If it is subject to an administrative appeal, the pertinent commission and the period of an administrative appeal.
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 Article 59 (Correction of Unreasonable Acts and Subordinate Statutes, etc.)   print
(1) In deliberating and resolving on an appeal for adjudication, if Central Administrative Appeals Commission deems that a subordinate statute, etc. (referring to Presidential Decree, Ordinance of the Prime Minister or Ministry, directive, established rule, public notice, municipal ordinance, municipal rule, etc.; hereinafter the same shall apply) which constitutes grounds for a disposition or omission is against superior Acts and subordinate statutes, overburdens citizens, or is otherwise unreasonable, it may request the relevant administrative agency to take proper corrective measure, such as the amendment and abolition of the related subordinate statutes, etc.
(2) When an administrative agency receives a request under paragraph (1), it shall not reject the request unless justifiable grounds exist.
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 Article 60 (Investigation, Guidance, etc.)   print
(1) The Central Administrative Appeals Commission may investigate the administrative agency regarding the following items and give instructions as necessary:
1. Operational status of the commission;
2. Executional status of ruling;
3. Operational status of the administrative appeal.
(2) The administrative agency shall semi-annually notify the Central Administrative Appeals Commission that has made a ruling for the appeal concerned, or the administrative appeals commission attached to a Mayor/Do Governor under Article 6 (3) by the date of the fifteenth of the following month of items prescribed by Presidential Decree, such as its contents or results, etc. with respect to a case that has brought an appeal litigation in accordance with the Administrative Litigation Act through the administrative appeal pursuant to this Act.
(3) The administrative appeals commission attached to a Mayor/Do Governor under Article 6 (3) shall submit materials collected in accordance with paragraph (2) to the Central Administrative Appeals Commission, upon request.
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 Article 61 (Delegation of Authority)   print
Any part of insignificant nature among the authority of commissions under this Act may be delegated to the chairperson, as prescribed by the regulations of the National Assembly, the regulations of the Supreme Court, the regulations of the Constitutional Court, the regulations of the National Election Commission, or Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date when six months have passed since the promulgation of this Act: Provided, That the amended provisions of Article 60 (2) and (3) shall enter into force on the date of the promulgation.
Article 2 (Applicability concerning Prior Consultation of Newly Organized Special Appeal, etc.)
The amended provision of Article 4 (3) shall apply beginning with the bill of Act and subordinate statute for which the legislation is preannounced after the enforcement of this Act.
Article 3 (Applicability concerning Qualification of Commission Members)
The amended provisions under Article 7 (4) and Article 8 (4) shall apply beginning with the first commission member to be appointed after the enforcement of this Act.
Article 4 (Exception for Investigation, Guidance, etc.)
(1) When the administrative agency submits the relevant material for the first time in accordance with the amended provision of Article 60 (2), it shall submit the relevant material for the whole year of 2009 by March 31, 2010, notwithstanding the same paragraph.
(2) When the amended provisions of Article 60 (2) and (3) are applied, "the administrative appeals commission under the Prime Minister" of the amended provision of Articles 60 (2) and (3) shall be regarded as "the Prime Minister administrative appeals commission" until the previous day of the enforcement date of this Act pursuant to the main sentence of Article 1 of Addenda of this Act.
Article 5 (Transitional Measures concerning Commission)
A commission under the previous provisions as at the time when this Act enters into force shall be deemed the commission under this Act.
Article 6 (Transitional Measures concerning Members of Commission)
Members of a commission under the previous provisions as at the time this Act enters into force shall be deemed to have been appointed or commissioned as members of the commission pursuant to this Act. In such cases, the term of office of members shall be the remaining period.
Article 7 (Transitional Measures concerning the On-going Case)
(1) Except as otherwise provided by this Act or other Acts, this Act shall also apply to matters which have taken place before this Act enters into force: Provided, That matters already in effect under the previous provisions before this Act enters into force, shall not be affected.
(2) Notwithstanding the main sentence of the above paragraph (1), a case which the commission has decided upon under previous Articles 6 (6) and 6-2 (7) before this Act enters into force, shall be tried by the previous commission.
(3) Notwithstanding the main sentence of the above paragraph (1), with regard to a case which has been filed and is ongoing at the time this Act enters into force, an appellee shall perform his/her obligation under the amended provisions of Article 24 (2), only when requested by the commission.
Article 8 Omitted
Article 9 (Relations with other Act and Subordinate Statute)
(1) In cases where the previous Administrative Appeals Act is cited or applied in other Acts at the time this Act enters into force, if there are provisions corresponding to such citation or application in this Act, such corresponding provisions of this Act shall be deemed to be cited or applied in lieu of the previous provisions.
(2) In cases where the "Administrative Appeals Commission under the leadership of the Prime Minister" is cited or applied in other Acts at the time this Act enters into force, the "Central Administrative Appeals Commission" pursuant to this Act shall be deemed to be cited or applied.
ADDENDUM <Act No. 11328, Feb. 17, 2012>
This Act shall enter into force on July 1, 2012.