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Definition of Administrative Suits

Definition of administrative suits

- The term “administrative suit” pertains to a trial procedure for resolving disputes over legal relations on public law, that is to say, a trial procedure to protect citizens from the infringement of their rights or interests caused by the illegal disposition of administrative agencies and the exercise or non-exercise of public authority, and to ensure proper resolution of disputes over the rights based on public law or the application of law (Source: e-Civil Complaint Center of the Court of Korea – Procedures – Administration - Overview).

Definition of Revocation Suits

Definition of revocation suits

- The term "revocation suit" pertains to a suit instituted to revoke or alter an illegal disposition, etc. by an administrative agency (Subparagraph 1 of Article 4 of the Administrative Litigation Act).

Subject Matter in Revocation Suit

Subject matter in revocation suit

- A disposition, etc. shall be subject to a revocation suit.

- The term "disposition, etc." pertains to the exercise of or refusal to exercise public authority by an administrative agency as function of law enforcement in relation to a specific fact, other similar administrative actions (hereinafter referred to as the "disposition") and an adjudication on the administrative appeal (Subparagraph 1 of Article 2 (1) of the Administrative Litigation Act).

Parties to Revocation Suit

Plaintiff

- A revocation suit may be instituted by a person having legal interests to seek the revocation of a disposition, etc. (The former part of Article 12 of the Administrative Litigation Act).

- Therefore, any beneficiary of insurance benefits who is dissatisfied with a decision on insurance benefits, a decision on a request for examination or a ruling on a request for reexamination which is a disposition made by the Korea Workers' Compensation & Welfare Service on commission from the Minister of Employment and Labor under Article 10 of the Industrial Accident Compensation Insurance Act may file an administrative suit.

Defendant

- Except as otherwise provided for in other Acts, the defendant to a revocation suit shall be the administrative agency that has made the disposition, etc. in question (The former part of Article 13 of the Administrative Litigation Act).

· The administrative agency mentioned above shall include administrative organs, public entities and their organs or private persons delegated or commissioned with administrative power under Acts and subordinate statutes (Subparagraph 3 of Article 2 (1) of the Administrative Litigation Act).

· Therefore, the defendant to a revocation suit concerning a decision on insurance benefits or a decision on a request for examination shall be the Korea Workers' Compensation & Welfare Service which is commissioned to decide on insurance benefits or decide on a request for examination by the Minister of Employment and Labor. The defendant to a revocation suit concerning a ruling on a request for reexamination shall be the Industrial Accident Compensation Insurance Reexamination Committee which is commissioned to rule on a request for reexamination by the Minister of Employment and Labor.

Institution of Revocation Suit

Submission of a written complaint

- Any person who intends to institute a revocation suit concerning a decision, etc. on insurance benefits made by the Korea Workers' Compensation & Welfare Service may institute a revocation suit by filing a written complaint with an administrative court (Articles 8 (2) and 9 of the Administrative Litigation Act and Article 248 of the Civil Procedure Act).

· The person instituting a revocation suit shall attach a stamp of a certain amount depending on the litigation values and a delivery fee receipt to a written complaint after paying the delivery fee at a bank in an administrative court (Source: e-Civil Complaint Center of the Court of Korea – Procedures – Administration – Prepare Complaint).

· In Seoul, a written complaint shall be filed with an administrative court affiliated to the Seoul Central District Court. In any area where no administrative court is established, a written complaint shall be filed with the relevant district court until the administrative court is established (Subparagraph 6 of Article 3 (1) and Article 40-4 of the Court Organization Act and Article 2 of the Addenda to the Court Organization Act (Act No. 4765)).

Matters to be entered in a written complaint

- A written complaint shall contain the following, and the party or their representative shall put their name and seal, or sign thereto (Article 8 (2) of the Administrative Litigation Act and Articles 249 and 274 (1) of the Civil Procedure Act):

· Names, titles or trade names and domiciles of the parties;

· Names and domiciles of the representatives;

· Indication of the case;

· Means of an averment or defense;

· Statements on a claim of the other party and on their means of averment or defense;

· Indication of the attached documents;

· Date of the preparation;

· Indication of the court.

Period for filing lawsuit

- Period for filing lawsuit

· A revocation suit shall be instituted within 90 days from the date a disposition, etc. is known (The main sentence of Article 20 (1) of the Administrative Litigation Act).

· A revocation suit shall not be instituted after the lapse of one year from the date the disposition, etc. is made (The main sentence of Article 20 (2) of the Administrative Litigation Act).

※ Where any justifiable reason exists, a revocation suit may be instituted even after the lapse of one year (The main sentence of Article 20 (2) of the Administrative Litigation Act).

Relation between an administrative suit and a request for examination/reexamination

- Any person who is dissatisfied with a decision, etc. on insurance benefits made by the Korea Workers' Compensation & Welfare Service may institute a revocation suit ① directly without filing a request for examination and a request for reexamination, ② after filing a request for examination and a request for reexamination voluntarily or ③ directly after filing a request for examination voluntarily and receiving the decision on the request (Article 18 (1) of the Administrative Litigation Act and Supreme Court's Decision dated November 26, 2002, Case No.2002Du 6811).

Examination on Revocation Suit

Examination of requirements

- An examination of requirements is conducted to determine whether the instituted suit meets the requirements of a lawsuit. If not, the instituted suit shall be dismissed on account of its illegality.

- Matters to be inspected in an examination on requirements include the subject matters in an administrative suit, the eligibility of the parties, the period for filing a lawsuit, the procedures of pre-trials, etc. which are prerequisites for judgment on the merits and matters to be inspected ex officio.

Examination on the merits

- An examination on the merits is conducted to determine whether the claim filed by a plaintiff shall be accepted or rejected, by examining the substantive contents of the suit which has been deemed lawful as a result of an examination of requirements. The claim shall be accepted if its contents are deemed reasonable as a result of an examination on the merits, and rejected if not.

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