Processing by Appellee (Administrative Agency)
Appellee’s Receipt and Processing of Written Appeal, etc.- If the appellee receives a written appeal or is served with the appeal by the administrative appeals commission, it shall, within ten days, send the written appeal (only applicable if it has been received directly) and its written answer to the administrative appeals commission. However, this does not apply if the appellant has withdrawn the appeal (Article 24(1) of the Administrative Appeals Act).
- If it is determined that the appeal is clearly unlawful because its content is not specified or for other reasons, the appellee may not send a written answer to the commission. In this case, the reason must be notified in writing to the commission within 10 days from the date the written appeal is received or forwarded (Article 24(2) of the Administrative Appeals Act).
- If the appellee is sending the written appeal, it shall send it to the administrative appeals commission, which has proper authority, even if an administrative appeals commission is not indicated on the written appeal or is indicated incorrectly (Article 24(5) of the Administrative Appeals Act).
※ In this case, the administrative agency shall inform the appellant without delay of the fact that the written appeal has been forwarded (Article 24(7) of the Administrative Appeals Act).
Ex Officio Revocation by Administrative Agency- If upon receiving a written appeal the appellee accepts that there are proper grounds for the appeal, it may, ex officio, revoke or modify the disposition, confirm it, or opt for the disposition requested (referred to below as “ex officio revocation, etc.”), in each case in accordance with the purpose of the appeal. In this case, the appellant shall be informed in writing (Article 25(1) of the Administrative Appeals Act).
Third Party Appeal- If a third party, who is not the party subject to the disposition, files an appeal, the appellee shall without delay inform the party subject to the disposition, of this fact. In this case, the appellee shall also send a copy of the written appeal (Article 24(2) of the Administrative Appeals Act).
Submission of Written Answer- The appellee shall, within ten days of the date it receives a copy of the written appeal, submit to the administrative appeals commission a written answer setting out the following matters; when sending the written answer, the appellee shall also send as many copies of the written answer as there are appellants (Article 24(4) of the Administrative Appeals Act):
· basis and grounds for the disposition or omission;
· response to the purpose of and grounds for the appeal; and
· in the case of an appeal by a third party:
√ name, address and contact details of the party subject to the disposition; and
√ whether obligations to ‘notify the fact of third party appeal’ and to ‘serve a copy of the written appeal’ to the party subject to the disposition, have been performed.
- If there has been an ex officio revocation, etc. by the appellee, it shall, save in a case where the appellant has withdrawn the appeal, submit documentation evidencing the fact of ex officio revocation, etc. when it sends documents such as the written appeal and written answer to the administrative appeals commission (Article 25(2) of the Administrative Appeals Act).