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Administrative Litigation
Concept of Appeals Suits
Concept of Appeals Suits
- An “appeals suit” is a lawsuit filed against an administrative agency's disposition or omission (Subparagraph 1 of Article 3 of the Administrative Litigation Act).
· There are three types of appeals suits: suits for revocation, suits for affirmation of nullity, etc., and suits for affirmation of illegality of omission (Article 4 of the Administrative Litigation Act).
Categories of Appeals Suits
- Suits for Revocation
· A “suit for revocation”, as the most typical type of an administrative lawsuit, is a lawsuit which seeks to revoke or modify an illegal disposition or ruling on the part of an administrative agency (Subparagraph 1 of Article 4, of the Administrative Litigation Act).
· Administrative dispositions have the effect, despite any illegality, of being generally recognized as a matter of fact. Therefore, in order to dispute the validity of such dispositions, a suit for revocation must be filed.
- Suits for Affirmation of Nullity, etc.
· A “suit for affirmation of nullity, etc.” is a lawsuit which affirms the validity or nullity, or the existence or non-existence, of an administrative agency's disposition or ruling (Subparagraph 2 of Article 4 of the Administrative Litigation Act).
· If, as a result of an illegality that is serious and manifest, an administrative disposition is clearly and obviously void, such a disposition is of no effect. Therefore, there is no need on the citizens’ part to file a lawsuit in respect of such a disposition, nor are they bound by it. However, even in this case, there is a need to affirm that the relevant disposition is void.
· Accordingly, a person who has a legal interest in seeking affirmation of the validity or nullity, or the existence or non-existence, of a disposition, etc. may at any time file a suit for affirmation of nullity, etc. against the administrative agency which had made the disposal, etc. as the defendant. Such a suit would be filed in the administrative court which has jurisdiction over the location of the defendant.
- Suits for Affirmation of Illegality of Omission
· A “suit for affirmation of illegality of omission” is a lawsuit which affirms the illegality of an administrative agency's omission (Subparagraph 3 of Article 4 of the Administrative Litigation Act).
· For as long as the state of omission persists, a suit for affirmation of illegality of omission may be filed by a person who, as someone who has applied for a certain disposition, has a legal interest in seeking affirmation of the omission's illegality, against the administrative agency which, despite receiving the application, has failed to dispose of it, as the defendant. Such a suit would be filed in the administrative court which has jurisdiction over the location of the defendant.