Last Change:

05/27/2025

Administrative Litigation Act

Year: 1951

Type: Domestic law

Rights Category: Documentation

Description

The purpose of this Act is to protect citizens from the infringement of their rights or interests caused by the illegal dispositions of administrative agencies and the exercise or non-exercise of public authority, and to ensure proper resolution of disputes over the rights based on public law or the application of law, through administrative litigation procedures.

Selected provisions
Article 1 - Purpose

The purpose of this Act is to protect citizens from the infringement of their rights or interests caused by the illegal dispositions of administrative agencies and the exercise or non-exercise of public authority, and to ensure proper resolution of disputes over the rights based on public law or the application of law, through administrative litigation procedures.

Article 3 - Classification of Administrative Suits

Administrative suits shall be classified into the following four categories: <Amended by Act No. 4017, Aug. 5, 1988>

1. Appeals suit: It means a suit instituted against a disposition, etc. or an omission by an administrative agency;

2. Party suit: It means a suit concerning legal relations, cause of which is a disposition, etc. issued by an administrative agency, and a suit over legal relations under public law, in which one of the parties to the legal relationship is a defendant;

3. Public suit: It means a suit instituted by a person without any direct interest in order to seek the correction of violations by the State or organs of public entities;

4. Agency suit: It means a suit instituted when disputes arise over the existence or exercise of power between agencies of the State or organs of public entities, except for a suit instituted against matters under the jurisdiction of the Constitutional Court under Article 2 of the Constitutional Court Act.

Article 4 - Appeals Suit

An appeals suit shall be classified as follows:

1. Revocation suit: It means a suit instituted to revoke or alter an illegal disposition, etc. by an administrative agency;

2. Suit seeking confirmation of nullity, etc.: It means a suit instituted to seek the confirmation of effectiveness or existence of a disposition, etc. by an administrative agency;

3. Suit seeking confirmation of illegality of an omission: It means a suit instituted to confirm the illegality of an omission by an administrative agency.

Article 20 - Period For Filing Lawsuit

(1) A revocation suit shall be instituted within 90 days from the date a disposition is known: Provided, That in a case provided for in the proviso to Article 18 (1), or a case where a request for an administration adjudication is permitted, or a case where an administrative agency informs mistakenly that a request for an administration adjudication is permitted, the period during which a request for an administrative adjudication is made shall be reckoned from the date an original of a written adjudication is served.
(2) A revocation suit shall not be instituted after the lapse of one year from the date the disposition is made (in the case of the proviso to paragraph (1), one year from the date the adjudication is made): Provided, That this shall not apply where any justifiable reason exists.
(3) The period as prescribed in paragraph (1) shall be a permanent term.
[This Article Wholly Amended on Jul. 27, 1994]