ENGLISH
Administrative Appeals
Categories of Administrative Appeals
Categories of Administrative Appeals- The Administrative Appeals Act categorizes administrative appeals into appeals for revocation, appeals for affirmation of nullity, etc., and appeals for performance of obligation (Article 5 of the Administrative Appeals Act).
Appeals for Revocation Meaning of Appeals for Revocation- An “appeal for revocation” is an administrative appeal for the revocation or modification of the administrative agency's illegal or unjust disposition (Subparagraph 1 of Article 5 of the Administrative Appeals Act).
Characteristics of Appeals for Revocation- There are time limits on filing an appeal for revocation, such as the requirement that an appeal for revocation shall be filed within 90 days of the date of becoming aware of the disposition (Article 27 of the Administrative Appeals Act).
- The principle of non-suspension of execution applies to an appeal for revocation (Article 30 (1) of the Administrative Appeals Act).
- A circumstantial ruling may be made in an appeal for revocation (Article 44 of the Administrative Appeals Act).
· A “circumstantial ruling” is a ruling that dismisses an appeal in circumstances where it is accepted that there are proper grounds for the appeal, because to recognize it would be seriously detrimental to public welfare (Article 44 (1) of the Administrative Appeals Act).
- If an acceptance ruling is made respect of an appeal for revocation, the original disposition will be treated as if it had never existed.
Appeals for Affirmation of Nullity, etc. Meaning of Appeals for Affirmation of Nullity, etc.- An “appeal for affirmation of nullity, etc.” is an administrative appeal for the affirmation of the validity or nullity, or the existence or non-existence, of an administrative agency's disposition (Subparagraph 2 of Article 5 of the Administrative Appeals Act).
· An administrative disposition that is void or non-existent is of no effect from the outset, but even in such a case the disposition’s external form exists. Accordingly, there is still a need for an authoritative affirmation of the validity or nullity, or the non-existence, of a disposition.
· Categories of appeals for affirmation of nullity, etc. include appeals for affirmation of validity, appeals for affirmation of nullity, appeals for affirmation of invalidation, appeals for affirmation of existence and appeals for affirmation of non-existence.
Characteristics of Appeals for Affirmation of Nullity, etc.- Appeals for affirmation of nullity, etc. are not subject to time limits on filing and circumstantial rulings may not be made in respect of such appeals (Article 27 (7) and Article 44 (3) of the Administrative Appeals Act).
- In order for an appeal for affirmation of nullity, etc. to be accepted, a cause for revocation is insufficient and the disposition is deemed to be a nullity only in cases where the defect is serious and manifest (Supreme Court’s Decision dated December 11, 1990, Case No. 90Nu3560).
- In an administrative appeal for the affirmation of nullity, the appellant is responsible for arguing and proving the grounds for the administrative disposition’s nullity (Supreme Court’s Decision dated March 10, 1992, Case No. 91Nu6030).
Appeals for Performance of Obligation Meaning of Appeals for Performance of Obligation- An “appeal for performance of obligation” is an administrative appeal that requires a certain disposition from an administrative agency in a case where its disposition involved an illegal or unjust refusal, or there has been an omission, in respect of an application made by the relevant party (Subparagraph 3 of Article 5 of the Administrative Appeals Act).
Characteristics of Appeals for Performance of Obligation- Appeals for performance of obligation are not subject to time limits on filing, and may not be made the subject of a suspension of execution (Article 27 (7) of the Administrative Appeals Act).
- If an acceptance ruling is made in respect of an appeal for performance of obligation, the relevant administrative agency shall make a disposal in accordance with the spirit of the ruling (Article 49 (3) of the Administrative Appeals Act).
· If there is no disposition by the relevant administrative agency, then on the relevant party's request an administrative appeals commission may, by specifying a time period, make a written order for rectification and if this is not carried out within that time period, then the commission may dispose of the matter directly (Article 50 of the Administrative Appeals Act).
- A circumstantial ruling may be made in an appeal for performance of obligation (Article 44 of the Administrative Appeals Act).
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