ENGLISH

Administrative Appeals

Administrative Appellate Bodies

Categories of Administrative Appeals Commissions

Administrative Appellate Bodies

Administrative Appellate Bodies

- An “administrative appellate body” is an administrative body with the authority to review and rule on administrative appeals.

- An administrative appellate body is a representative administrative body which, for the purpose of ensuring the objectivity and fairness of administrative appeals, is guaranteed a considerable amount of independence.

- Administrative appellate bodies include administrative appeals commissions.

Categories of Administrative Appeals Commissions

Administrative Appeals Commissions

- An administrative appeals commission is an appellate body which reviews and rules on an administrative appeal filed against an administrative agency's disposition or omission (Article 6 of the Administrative Appeals Act).

Categories of Administrative Appeals Commissions

- Administrative appellate bodies include administrative appeals commissions and the Central Administrative Appeals Commission (refer to Article 6 of the Administrative Appeals Act).

- Administrative appeals commissions are established under the jurisdiction of a Mayor/Do Governor, administrative body at the immediate upper level, or the relevant administrative agency.

Administrative Appeals Commissions under Jurisdiction of Mayor/Do Governor

- An administrative appeals commission under the jurisdiction of a Mayor/Do Governor reviews and rules on administrative appeals filed against the disposition or omission of an administrative agency which falls under any of the following (Article 6 (3) of the Administrative Appeals Act):

· an administrative agency under the jurisdiction of a City/Do;

· the head of a Si/Gun/autonomous Gu under the jurisdiction of a City/Do, its subordinate administrative agencies, or the Assembly of the Si/Gun/autonomous Gu (including all administrative agencies under the Assembly's jurisdiction, such as the Chairperson, the Chairperson of a committee, the Director General of Secretariat and the Head of the Secretariat Division); or

· an administrative agency established jointly by two or more of local governments (Si/Gun/autonomous Gu) and public corporations, etc. within the jurisdiction of a City/Do.

Central Administrative Appeals Commission

- The Central Administrative Appeals Commission under the jurisdiction of the Anti-Corruption and Civil Rights Commission reviews and rules on administrative appeals filed against the disposition or omission of an administrative agency which falls under any of the following (Article 6 (2) of the Administrative Appeals Act):

· the head of a state administrative body, other than the administrative agencies under Article 6 (1) of the Administrative Appeals Act), or its subordinate administrative agencies;

· a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (including the Superintendent of Education of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or a Special Self-Governing Province) or the Assembly of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or a Special Self-Governing Province (including all administrative agencies established under the Assembly's jurisdiction, such as the Chairperson, the Chairperson of a committee or the Secretary General);

· an administrative agency established jointly by the State, local government (Si/Gun/autonomous Gu) and public corporations, etc. pursuant to related statutes, such the association of local government agencies pursuant to the Local Autonomy Act; provided that, this excludes an administrative agency established jointly by two or more of local governments (Si/Gun/autonomous Gu) and public corporations, etc. within the jurisdiction of a City/Do.

Administrative Appeals Commissions under Jurisdiction of Administrative Body at Immediate Upper Level

- An administrative appeals commission under the jurisdiction of the administrative body at the immediate upper level reviews and rules on administrative appeals filed against the disposition or omission of the head of a special local administrative body within the Ministry of Justice and the Supreme Prosecutors’ Office (excluding cases where the administrative body at the immediate upper level or the pertinent supervisory administrative body is a central administrative body) (Article 6 (4) of the Administrative Appeals Act and Article 3 of the Enforcement Decree of the Administrative Appeals Act).

Administrative Appeals Commissions under Jurisdiction of Relevant Administrative Agency

- An administrative appeals commission under the jurisdiction of the relevant administrative agency reviews and rules on administrative appeals filed against the disposition or omission of an administrative agency that falls within any of the following, or of its subordinate administrative agencies (Article 6 (1) of the Administrative Appeals Act and Article 2 of the Enforcement Decree of the Administrative Appeals Act):

※ A subordinate administrative agency refers to all administrative agencies which are supervised, or which have been entrusted with certain affairs, irrespective of the hierarchy of administrative bodies. An administrative agency which has been entrusted with certain affairs is deemed to be the entrusting administrative agency’s subordinate administrative agency in relation to the affairs that have been entrusted.

· the Board of Audit and Inspection of Korea, the Director of the National Intelligence Service, the President's Chief of Staff, the Director of National Security, the Head of the Presidential Security Service and the Korea Communications Commission;

· the Secretary General of the National Assembly, the Minister of the National Court Administration, the Secretary General of the Constitutional Court, and the Secretary General of the National Election Commission; or

· The National Human Rights Commission of Korea, and the Head of the Corruption Investigation Office For High-ranking Officials.