Preparation and Submission of Written Appeal
Preparation of Written Appeal- An appeal shall be requested in writing (Article 28 (1) of the Administrative Appeals Act).
- Information to be included in the written appeal (Article 28 (2) and (3) of the Administrative Appeals Act)
· Appeal against a disposition
√ Appellant's name and address or business office (if the appellant wishes to be served with documentation at a place other than this address or office, then additionally include a service address);
√ Appellee and administrative appeals commission;
√ Details of the disposition being appealed;
√ Date on which the appellant became aware of the disposition;
√ Purpose of and grounds for appeal; and
√ Whether the appellee has notified the appellant of administrative appeals and details of such notification.
· Appeal against an omission
√ Appellant's name, and address or business office (if the appellant wishes to be served with documentation at a place other than this address or office, then additionally include a service address)
√ Appellee and administrative appeals commission;
√ Purpose of and grounds for appeal; and
√ Details and date of the application in respect of which there has been an omission.
- If the appellant is a corporation, or an unincorporated association or foundation with standing to appeal, or the administrative appeal is being requested by a selected representative or agent, then the name and address of the representative, manager, selected representative or agent shall be included with the information above (Article 28 (4) of the Administrative Appeals Act).
- A written appeal must be signed or sealed by the appellant, representative, manager, selected representative or agent (Article 28 (5) of the Administrative Appeals Act).
※ If there is a deficiency in the information required to be stated in an administrative appeal, then the appellant may be required to correct it (Article 32 of the Administrative Appeals Act).
Submission of Written Appeal- A person who wishes to request an administrative appeal shall prepare a written appeal and submit it to the appellee or the administrative appeals commission. In this case the appellant shall also submit as many copies of the written appeal as there are appellees (Article 23 (1) of the Administrative Appeals Act).
- If in its disposition the administrative agency fails to notify the appellant as to whether an administrative appeal may be requested or gives incorrect notification, and as a result the appellant submits his/her written appeal to a different administrative agency, then the relevant administrative agency shall forward the written appeal, without delay, to the appellee (administrative agency) which has proper authority. In these circumstances, the administrative agency that has forwarded the written appeal shall inform the appellant without delay of the fact that the appeal has been forwarded (Article 23 (2) and (3) of the Administrative Appeals Act).
Administrative Appeals Commission’s Receipt and Processing of Written Appeal, etc.- Upon receiving a written appeal, the administrative appeals commission shall send a copy of it to the appellee without delay (Article 26 (1) of the Administrative Appeals Act).
※ Administrative Appeals Using Electronic Data Processing Systems
- A person who goes through the administrative appeal procedure under the Administrative Appeals Act may prepare his/her written appeal and other documentation as electronic documents and submit them, using an information and communications network, through an electronic data processing system (this refers to an electronic device equipped with data processing capabilities built by integrating items such as hardware, software, database, network and security elements, which enable electronic documents required for an administrative appeal process to be prepared, submitted and served; the same shall apply below) designated and operated by an administrative appeals commission (Article 52 (1) of the Administrative Appeals Act).
· Electronic data processing systems designated and operated by administrative appeals commissions are categorized as follows (Article 34 of the Enforcement Decree of the Administrative Appeals Act):
√ Central Administrative Appeals Commission: online administrative appeals system; and
√ administrative appeals commissions under the jurisdiction of the relevant administrative agency, a Mayor/Do Governor, or an administrative agency at the immediate upper level (this applies only to an administrative appeals commission that is equipped with an electronic data processing system): system designated by the relevant administrative appeals commission.
- Electronic documents submitted in accordance with the above are deemed to be submitted in accordance with the Administrative Appeals Act, and are exempt from the obligation to submit copies (Article 52 (2) of the Administrative Appeals Act).
- Electronic documents submitted in accordance with the above are deemed to be received with the details recorded on the electronic data processing system at the time when the person who submits the document confirms the receipt number provided by the electronic data processing system through an information and communications network (Article 52 (3) of the Administrative Appeals Act). In this case, when calculating the time period for filing an appeal, the administrative appeal is deemed to have been filed when the relevant receipt is deemed to have occurred (Article 52 (4) of the Administrative Appeals Act).
- User Registration
· A person who wishes to use the electronic data processing system shall register as a user in the manner designated by the administrative appeals commission by entering the following information (Article 35 (1) of the Enforcement Decree of the Administrative Appeals Act):
√ user's name;
√ user's date of birth;
√ user’s address;
√ user's telephone number;
√ user's ID (this is an identification code used to identify a user of the electronic data processing system); and
√ user's email address.
· If the administrative appeals commission deems it necessary for the conduct of administrative appeals process using an electronic data processing system, the appellee administrative agency shall register itself in the manner designated by the administrative appeals commission by entering the following information (Article 35 (2) of the Enforcement Decree of the Administrative Appeals Act):
√ appellee’s name;
√ appellee’s address;
√ appellee’s ID; and
√ relevant department and personnel who will use the electronic data processing system.