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.
Party Suits
Party Suits
- A “party suit” is a lawsuit concerning legal relationships based on an administrative agency's disposition, etc. or a lawsuit concerning other legal relationships in public law, in each case against one of the parties in such legal relationships as the defendant (Subparagraph 2 of Article 3 of the Administrative Litigation Act).
- As a lawsuit which involves contentions on the relationship of rights and obligations between parties of equal status, a party suit is not intrinsically different from a civil lawsuit. However, given that the subject matter of a party suit is legal relationships in public law, it differs from a civil lawsuit, which has as its subject matter legal relationships in private law.
- Party suits include: ① suits regarding affirmation of position or status under public law; ② suits for restitution of unjust enrichment under public law premised on the nullity or revocation of a disposition, etc.; ③ suits regarding public law claims for payment; and ④ suits regarding public law contracts.
- Such party suits may be filed by a person who has a legal interest as far as legal relationships in public law are concerned, against the State, public organizations and other holders of rights, as the defendant. Such suits would be filed in the administrative court which has jurisdiction over the location of the defendant; provided that, if the time period for filing is specified in individual statutes, the suit shall be filed within that period (Articles 39 and 41 of the Administrative Litigation Act).
Public Suits
Public Suits
- A “public suit” is a lawsuit filed, where an agency of the State or an organ of a public organization has acted illegally, by a person irrespective of his/her direct legal interest in order to seek its rectification (Subparagraph 3 of Article 3 of the Administrative Litigation Act).
- Such public suits may be filed, in the circumstances specified in statutes, by persons specified in statutes (Article 45 of the Administrative Litigation Act).
- Among public suits: ① in respect of a suit which seeks to revoke a disposition, etc., the provisions governing suits for revocation, among the appeals suits, apply mutatis mutandis to the extent they are not contrary to its nature; ② in respect of a suit which seeks to affirm the validity or nullity, or the existence or non-existence, of a disposition, etc. or the illegality of an omission, the provisions governing suits for affirmation of nullity, etc. or suits for affirmation of illegality of omission respectively, among the appeals suits, apply mutatis mutandis to the extent they are not contrary to its nature; and ③ in respect of a suit other than those prescribed in ① and ② above, the provisions governing party suits apply mutatis mutandis to the extent they are not contrary to its nature (Article 46 of the Administrative Litigation Act).
Agency Suits
Agency Suits
- An “agency suit” is a lawsuit filed when there is a dispute between agencies of the State or organs of public organizations, regarding the existence or non-existence, or the exercise, of authority (Subparagraph 4 of Article 3 of the Administrative Litigation Act).
- However, disputes on authority between state agencies, disputes on authority between state agencies and local governments, and disputes on authority between local governments, which are matters under the Constitutional Court’s jurisdiction pursuant to Article 2 of the Constitutional Court Act), are not subject to agency suits (administrative suit) (Proviso to Subparagraph 4 of Article 3 of the Administrative Litigation Act).
- As between administrative bodies, disputes regarding the existence or non-existence, or the exercise, of authority are in principle resolved by internal consultations within the administrative authorities or in accordance with a decision of a superior agency. Agency suits are lawsuits that are permitted as an exception to provide against cases where resolution is impossible.
- Such agency suits may be filed, in the circumstances specified in statutes, by persons specified in statutes such as heads of local governments, against persons specified in statutes such as local councils as the defendants. Such suits would be filed in the Supreme Court or the high court.
- Among agency suits: ① in respect of a suit which seeks to revoke a disposition, etc., the provisions governing suits for revocation, among the appeals suits, apply mutatis mutandis to the extent they are not contrary to its nature; ② in respect of a suit which seeks to affirm the validity or nullity, or the existence or non-existence, of a disposition, etc. or the illegality of an omission, the provisions governing suits for affirmation of nullity, etc. or suits for affirmation of illegality of omission respectively, among the appeals suits, apply mutatis mutandis to the extent they are not contrary to its nature; and ③ in respect of a suit other than those prescribed in ① and ② above, the provisions governing party suits apply mutatis mutandis to the extent they are not contrary to its nature (Article 46 of the Administrative Litigation Act).