ENGLISH

- In order to swiftly stabilize legal relationships in administration, the Administrative Appeals Act sets a time limit on filing administrative appeals.

- The time period for filing administrative appeals applies only to an appeal for revocation and an appeal for performance of obligation made in respect of a disposition involving refusal. Given its nature, it does not apply to an appeal for affirmation of nullity, etc. or to an appeal for performance of obligation made in respect of an omission (Article 27 (7) of the Administrative Appeals Act).

- An administrative appeal shall be filed within 90 days of the date of becoming aware of the disposition, or within 180 days of the date of the disposition (Article 27 (1) and (3) of the Administrative Appeals Act).

- The “date on which the appellant becomes aware of the disposition” is the date on which the relevant party, through notification, public announcement or otherwise, becomes practically and specifically aware of the relevant disposition (Supreme Court’s Decision dated April 28, 2006, Case No. 2005Du14851).

- However, where as a matter of common sense the relevant party is in a position to be capable of finding out about the disposition, for example, because documentation setting out the disposition has been served on the party's address, then, save where there is contrary evidence, the party is presumed to have become aware of the disposition (Supreme Court’s Decision dated December 28, 1995, Case No. 99Du9742).

- The “date of disposition” is the date on which a disposition is manifested externally via a notification and takes effect (Supreme Court’s Decision dated November 22, 1977, Case No. 77Nu195).

- In the case of an administrative disposition via a public notification or public announcement, the time period for filing shall be counted on the assumption that the party became aware of the relevant administrative disposition on the date of the public notification or public announcement. Generally, when the administrative disposition is made through public notification or public announcement, the period for filing shall be counted on the assumption that the party became aware of the relevant administrative disposition 5 days after the date of the public notification or announcement (Supreme Court’s Decisiondated September 8, 2000, Case No. 99Du11257).

- If, due to a natural disaster, geographical upheaval, war, emergency or other force majeure events, the appellant was unable to file the appeal within the time period for filing, then the administrative appeal may be filed within 14 days of the date of cessation of the relevant event; provided that, if the administrative appeal is being filed from overseas, then it may be filed within 30 days (Article 27 (2) of the Administrative Appeals Act).

- If there are legitimate grounds, an administrative appeal may be filed even after 180 days have passed from the date of the disposition (Article 27 (3) of the Administrative Appeals Act).

- In the event of a disposition, the administrative agency shall notify the party subject to the disposition as to whether it would be possible to request an administrative appeal in respect of the relevant disposition and, if an administrative appeal is to be requested, the procedure for filing an appeal and the time period for filing an appeal (Article 58 (1) of the Administrative Appeals Act).

- In this case if the administrative agency incorrectly states a time period for filing an appeal that is longer than the period prescribed (90 days from the date of becoming aware of the disposition; the same shall apply below), then, if an appeal is filed within the incorrectly notified period, such an administrative appeal is deemed to have been made within the period prescribed (Article 27 (5) of the Administrative Appeals Act).

- If the administrative agency fails to notify the party of the time period for filing an appeal, then an appeal may be filed within 180 days of the date of the disposition (Article 27 (6) of the Administrative Appeals Act).

- Since the Administrative Appeals Act does not specially make provisions in relation to the calculation of time periods, the method for calculating time periods under the Civil Act is followed (Article 155 of the Civil Act).

- If the time period is specified in days, weeks, months or years, the first day of that period is not counted; provided that, if the time period is starts from 0:00 AM, then the first day of that period is counted (Article 157 of the Civil Act).

- If the time period is specified in days, weeks, months or years, the period expires at the end of the final day of that period (Article 159 of the Civil Act).

- If the final day of the time period is a Saturday or a public holiday, then the period ends on the day after the final day (Article 161 of the Civil Act).

- In the case of a written notification, the date the other party becomes aware of the disposition is the date on which the document reaches that party.