Dissatisfaction with Rulings
Prohibition of Further Administrative Appeal
- If a ruling is made in respect of an appeal, no further administrative appeal may be filed against the relevant ruling and any dispositions or omissions that are the same (Article 51 of the Administrative Appeals Act).
Lawsuit Seeking Revocation of Ruling
- A lawsuit may be filed to seek revocation of a ruling only in cases where there is an inherent illegality within the ruling itself (Proviso to Article 19 of the Administrative Litigation Act).
- A lawsuit seeking revocation of a ruling shall be filed within 90 days of the date of becoming aware of the ruling (disposition), and within one year of the date of the ruling (Article 20 of the Administrative Litigation Act).
Filing Administrative Lawsuit
Principle of Original Administrative Disposition
- A lawsuit for revocation is in principle filed against the administrative agency's original disposition. Therefore, a lawsuit may be filed against a ruling of an administrative appeals commission only in cases where there is an inherent illegality within the ruling itself (Proviso to Article 19 of the Administrative Litigation Act).
Principle of Rulings (Exception to Principle of Original Administrative Disposition)
- In the case of special administrative appeals prescribed in individual statutes, there are circumstances where a lawsuit for revocation may not be filed in respect of the original disposition and may only be filed in respect of a ruling. This is called the “principle of rulings”.
- Examples of the principle of rulings adopted in individual statutes are as follows:
· a review adjudication of the Board of Audit and Inspection of Korea (Article 40 (2) of the Board of Audit and Inspection Act); and
√ An administrative lawsuit may not be filed against a disposition by the Board of Audit and Inspection of Korea involving compensation adjudication, and an administrative lawsuit may only be filed against the Board of Audit and Inspection of Korea as defendant in respect of a review adjudication which constitutes a ruling.
· a review adjudication of the National Labor Relations Commission (Article 26 and Article 27 of the Labor Relations Commission Act).