ENFORCEMENT DECREE OF THE ADMINISTRATIVE APPEALS ACT
Wholly Amended by Presidential Decree No. 22311, Jul. 26, 2010
Amended by Presidential Decree No. 24418, Mar. 23, 2013
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27538, Oct. 4, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28392, Oct. 17, 2017
Presidential Decree No. 28808, Apr. 17, 2018
Presidential Decree No. 29270, Oct. 30, 2018
Presidential Decree No. 31222, Dec. 8, 2020
Presidential Decree No. 35590, Jun. 2, 2025
Presidential Decree No. 35811, Oct. 1, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Administrative Appeals Act and matters necessary for the enforcement thereof.
CHAPTER II TRIAL AUTHORITIES
| Article 2 (Jurisdiction of administrative appeals commissions) |
| (1) | "Heads of other agencies under the direct control of the President" under Article 6(1)1 of the Administrative Appeals Act (hereinafter referred to as the "Act") means the Chief of Staff of the Office of the President, the Director of National Security Office, the Chief of the Presidential Security Service, and the Korea Media and Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 14, 2020; Oct. 1, 2025> |
| (2) | "Administrative agency prescribed by Presidential Decree" in Article 6(1)3 of the Act means the Corruption Investigation Office for High-ranking Officials. <Added on Jul. 14, 2020> |
| Article 3 (Dispositions by special local administrative agencies not subject to hearing by the Central Administrative Appeals Commission) |
"Specialized local administrative agency under the control of a state administrative agency prescribed by Presidential Decree" in Article 6(4) of the Act means a specialized local administrative agency under the control of the Ministry of Justice and the Supreme Prosecutors' Office (excluding cases where an immediate upper-level administrative agency or a competent supervisory administrative agency is a central administrative agency).
| Article 4 (Duties of chairpersons of commissions) |
| (1) | Each chairperson (hereinafter referred to as the "chairperson") of an administrative appeals commission and the Central Administrative Appeals Commission under Article 6 of the Act (hereinafter referred to as the "commission") shall represent the commission and exercise overall control of the business affairs of the commission. |
| (2) | The chairperson may designate a specific commissioner from among the commissioners to review agenda items in advance and report to the commission, when deemed necessary for the smooth operation of the commission. |
| (3) | The chairperson shall convene and preside over meetings of the commission. |
| Article 5 (Composition of meetings of certain administrative appeals commissions) |
The meetings of the administrative appeals commission established under the following administrative agencies shall be comprised of its chairperson and 6 commissioners designated by the chairperson for each meeting in accordance with the proviso of Article 7(5) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>
| 1. | The Chief of Staff of the Office of the President; |
| 2. | The Director of the National Security Office; |
| 3. | The Chief of the Presidential Security Service; |
| 4. | The Korea Media and Communications Commission; |
| 5. | The Director of the National Intelligence Service; |
| 6. | The head of a specialized local administrative agency affiliated with the Supreme Prosecutors' Office under Article 3. |
| Article 6 (Operation of the Central Administrative Appeals Commission) |
| (1) | Meetings of the Central Administrative Appeals Commission under Article 8(5) of the Act shall include at least 2 standing commissioners. |
| (2) | Except as provided in paragraph (1), detailed matters necessary for the operation of the Central Administrative Appeals Commission shall be determined by the chairperson through resolution by the Central Administrative Appeals Commission. |
| Article 7 (Subcommission) |
| (1) | The chairperson of the subcommission under Article 8(6) of the Act shall be designated by the chairperson of the Central Administrative Appeals Commission from among its standing commissioners. |
| (2) | The subcommission shall be comprised of 2 standing commissioners (including the chairperson of the subcommission) of the Central Administrative Appeals Commission and 2 non-standing commissioners designated by the chairperson of the Central Administrative Appeals Commission. |
| Article 8 (Specialized commission) |
| (1) | A specialized commission under Article 8(8) of the Act shall have prior consideration of a case of an administrative appeal (hereinafter referred to as "appeal") designated by the chairperson of the Central Administrative Appeals Commission and shall report the results thereof to the Central Administrative Appeals Commission. |
| (2) | A specialized commission shall be comprised of up to 5 commissioners designated by the chairperson of the Central Administrative Appeals Commission, including standing commissioners of the Central Administrative Appeals Commission. |
| (3) | The chairperson of the specialized commission shall be a commissioner designated by the chairperson of the Central Administrative Appeals Commission. |
| Article 9 (Secretary general and executive secretaries) |
| (1) | To handle the business affairs of the commission, a secretary general and executive secretaries shall be appointed. |
| (2) | An administrative agency to which the relevant commission belongs shall appoint a secretary general and executive secretaries, from among public officials under its control. |
| (3) | The secretary general and executive secretaries shall perform the following duties under the directions of the chairperson: <Amended on Apr. 17, 2018> |
| 1. | Assisting the chairperson with the operation of the commission; |
| 2. | Cooperating in providing materials as requested by the commissioners; |
| 3. | Establishment of the commission's agenda schedule and comprehensive management of agenda items brought before the commission; |
| 4. | The taking of evidence; |
| 4-2. | Assisting in operating mediation procedures under Article 30-2; |
| 5. | Processing business affairs with respect to the preparation of the written ruling; |
| 6. | Preparing and retaining the minutes of the commission; |
| 7. | Processing business affairs necessary for the operation of the commission, other than duties referred to in subparagraphs 1 through 4,4-2,5, and 6. |
| (4) | The secretary general may attend a meeting of the commission and state his or her opinion. |
| Article 10 (Notification of meeting of the commission) |
The chairperson shall notify each commissioner in writing of the date, time, venue, and agenda of the meeting at least 5 days prior to convening a meeting; provided, this shall not apply in cases of urgency.
| Article 11 (Payment of allowance) |
Commissioners who attend meetings of the commission (including subcommissions and specialized commissions) or review agenda items shall be paid attendance allowances, agenda review allowances, and travel expenses within the budget; provided, this shall not apply where a commissioner who is a public official attends a meeting or reviews an agenda item in direct relation to his or her official duties.
| Article 12 (Processing of requests for disqualification and challenge) |
| (1) | Deleted. <Oct. 4, 2016> |
| (2) | A commissioner who is subject to a request for disqualification under Article 10(1) of the Act or a request for challenge under Article 10(2) of the Act shall submit a written opinion thereon to the chairperson, without delay, upon the chairperson's request. <Amended on Oct. 4, 2016> |
| (3) | Deleted. <Oct. 4, 2016> |
| (4) | When the chairperson finds that an application for disqualification or challenge is without merit, the chairperson shall dismiss it by decision under Article 10(6) of the Act. <Amended on Oct. 4, 2016> |
| (5) | When the chairperson finds that a request for disqualification or challenge has merit, he or she shall accept such request by decision under Article 10(6) of the Act. <Amended on Oct. 4, 2016> |
| (6) | No appeal may be filed against decisions made under Article 10(4) and (6) of the Act. <Amended on Oct. 4, 2016> |
| Article 13 (Suspension of appeal proceedings) |
When a request for disqualification or challenge is made under Article 10(1) and (2) of the Act, the appeal proceedings for that case on appeal shall be suspended until a decision on such request is made.
CHAPTER III PARTIES AND INTERESTED PERSONS
| Article 14 (Processing of objections to succession of status of administrative appeal petitioner) |
| (1) | An objection under Article 16(8) of the Act shall be filed in writing, stating the grounds therefor. |
| (2) | Where the commission receives an objection under Article 16(8) of the Act, it shall, without delay, refer the matter to a meeting of the commission. |
| (3) | After making a decision on the objection under paragraph (2), the commission shall notify the objector, the parties, and any intervenor under Article 20 or 21 of the Act (hereinafter referred to as "intervenor") of the result, respectively. |
| Article 15 (Correction of respondent) |
| (1) | Where a party files a request for correction of the respondent in an administrative appeal under Article 17(2) or (5) of the Act (hereinafter referred to as "respondent"), he or she shall submit a written statement indicating such intent to the commission. |
| (2) | When the commission receives a request under paragraph (1), it shall, without delay, examine and decide whether to grant permission. |
| (3) | Article 14 shall apply mutatis mutandis to the processing of objections under Article 17(6) of the Act. |
| Article 16 (Permission of appointment of authorized agents) |
| (1) | Where a petitioner in an administrative appeal (hereinafter referred to as "petitioner") or a respondent intends to appoint an authorized agent with the permission of the commission under Article 18(1) or (2) of the Act, he or she shall file an application for permission with the commission in writing, stating the following matters: |
| 1. | Personal information of the prospective authorized agent; |
| 2. | Grounds for appointing the authorized agent; |
| 3. | Relationship between the authorized agent and the petitioner or the respondent. |
| (2) | Upon receipt of a request made under paragraph (1), the commission shall examine the request without delay, determine whether to grant permission therefor, and notify the applicant of the results thereof. |
| Article 16-2 (Requirements and procedures for requesting appointment of State-appointed counsels) |
| (1) | A petitioner who may file an application with the commission for the appointment of a State-appointed counsel under Article 18-2(1) of the Act shall be any of the following persons: |
| 1. | A recipient defined in subparagraph 2 of Article 2 of the National Basic Living Security Act; |
| 2. | A person eligible for support under Articles 5 and 5-2 of the Single-Parent Family Support Act; |
| 3. | A recipient of a basic pension defined in subparagraph 3 of Article 2 of the Basic Pension Act; |
| 4. | A recipient defined in subparagraph 4 of Article 2 of the Act on Pensions for Persons with Disabilities; |
| 5. | A person eligible for protection defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act; |
| 6. | Any other person whom the chairperson recognizes as unable to appoint an authorized agent due to financial circumstances. |
| (2) | A petitioner who may request the appointment of a State-appointed counsel under paragraph (1) shall file an application therefor prior to the date of hearing specified in Article 38(1) of the Act; and shall also submit documents stating the fact that he or she falls under any of the subparagraphs of paragraph (1). |
[This Article Added on Oct. 30, 2018]
| Article 16-3 (Qualifications of State-appointed counsels) |
Where the commission determines to appoint a State-appointed counsel under Article 18-2(2) of the Act, it shall select such counsel from among the persons who fall under any of the following subparagraphs:
| 1. | An attorney-at-law registered under Article 7 of the Attorney-at-Law Act; |
| 2. | A certified public labor attorney registered under Article 5 of the Certified Public Labor Attorney Act. |
[This Article Added on Oct. 30, 2018]
| Article 16-4 (Revocation of appointment of State-appointed counsels) |
| (1) | The commission may revoke the appointment of a State-appointed counsel in any of the following cases; provided, such appointment shall be revoked in cases falling under subparagraphs 1 through 3: |
| 1. | Where an authorized agent under Article 18(1)3 or 4 of the Act has been appointed for a petitioner; |
| 2. | Where a State-appointed counsel ceases to fall under the subparagraphs of Article 16-3; |
| 3. | Where it is inappropriate for a State-appointed counsel to represent the relevant case, such as where the authorized agent has an interest in the case; |
| 4. | Where a State-appointed counsel fails to perform his or her duties faithfully; |
| 5. | Other cases where the chairperson deems that any reasonable ground exists to revoke the appointment of a State-appointed counsel. |
| (2) | Where a State-appointed counsel falls under any of the following, he or she may resign after obtaining permission from the commission: |
| 1. | Where it is impracticable to perform the duties of a State-appointed counsel due to illness or an extended trip; |
| 2. | Where it is impracticable to perform duties fairly as a State-appointed counsel due to unjust treatment or demands from the petitioner or other related persons; |
| 3. | Any other case where there is a reasonable ground to recognize that the person is unable to perform the duties as a State-appointed counsel. |
| (3) | Where the appointment of a State-appointed counsel is revoked under paragraph (1)2 through 5 or a State-appointed counsel resigns under paragraph (2), the commission may appoint another State-appointed counsel. |
[This Article Added on Oct. 30, 2018]
| Article 16-5 (Remuneration of State-appointed counsels) |
| (1) | The commission may pay remuneration not exceeding 500,000 won per case to the selected State-appointed counsel, within the budget. |
| (2) | The detailed standards for the remuneration under paragraph (1) shall be determined by the chairperson, taking into account the extent of the State-appointed counsel's involvement in the case, whether the case was consolidated with related cases, and other relevant factors. |
[This Article Added on Oct. 30, 2018]
| Article 16-6 (Management of list of prospective State-appointed counsels) |
| (1) | If necessary for the efficient operation of the State-appointed counsel system under Article 18-2 of the Act, the chairperson may maintain a list of prospective State-appointed counsels by commissioning such counsel from among persons who fall under any of the subparagraphs of Article 16-3. |
| (2) | The term of office of a prospective State-appointed counsel shall be 2 years; and may be reappointed only once. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for commissioning prospective State-appointed counsels and managing the list of such counsels shall be determined by the chairperson. |
[This Article Added on Oct. 30, 2018]
| Article 17 (Dealing with objection against intervention) |
With respect to the processing of objections under Article 20(6) of the Act, Article 14 shall apply mutatis mutandis.
| Article 18 (Request for intervention) |
A request for an intervention by the commission under Article 21(1) of the Act shall be made in writing. In such cases, the commission shall notify the parties and other intervenors of the fact.
CHAPTER IV PETITION FOR ADMINISTRATIVE APPEALS
| Article 19 (Notice of appeal filed by third party) |
A notice of appeal under Article 24(2) of the Act shall be issued in writing, stating the following matters:
| 1. | The name and address of a petitioner and the date of appeal; |
| 2. | Details of the disposition subject to appeal; |
| 3. | Objective of and grounds for appeal. |
| Article 20 (Documents to be attached to petition for administrative appeal) |
A petition for administrative appeal filed under Article 28(1) of the Act may be accompanied by a document attesting the qualification of a representative, manager, designated representative, or authorized agent under Article 19(1) of the Act, and documentary or physical evidence under Article 34(1) of the Act.
| Article 21 (Processing of objections to amendment of petition) |
With respect to an objection under Article 29(7) of the Act, Article 14 shall apply mutatis mutandis.
| Article 22 (Suspension of execution) |
| (1) | A written document under Article 30(5) of the Act may be accompanied by documents or materials substantiating the grounds for the request. |
| (2) | If a party files a request for suspension of execution with the administrative agency that is the respondent, the administrative agency shall, without delay, forward the request to the commission. |
| (3) | The procedures for the hearing and ruling of the commission shall apply mutatis mutandis to the hearing and decision by the commission on a request for suspension of execution. |
| Article 23 (Provisional disposition) |
With respect to the hearing and decision by the commission on provisional dispositions taken under Article 31(1) of the Act, Article 22 shall apply mutatis mutandis.
| Article 24 (Correction of appeal) |
| (1) | Any request for correction under Article 32(1) of the Act shall be made in writing stating the following: |
| 1. | Matters to be corrected; |
| 2. | Grounds for correction; |
| 4. | Matters necessary for correction, except as provided in subparagraphs 1 through 3. |
| (2) | If the commission has made a correction ex officio under the proviso of Article 32(1) of the Act, it shall inform the parties of the matters corrected, grounds for the correction, etc. |
| Article 25 (Taking of evidence) |
| (1) | When a party intends to apply for the taking of evidence under Article 36(1) of the Act, the party shall submit to the commission a written document specifying the facts to be proven and the methods of evidence. |
| (2) | Where the commission takes evidence under Article 36(1) of the Act, it may reimburse actual expenses, within the budget, to witnesses who appear before the commission and to persons who provide expert opinions. |
| (3) | Where the commission takes evidence by the method under Article 36(1)4 of the Act, it shall prepare a record of the taking of evidence. |
| (4) | The following shall be stated in a record of the taking of evidence referred to in paragraph (3), and the chairperson shall sign the record or affix his or her name and seal: |
| 1. | Indication of the administrative appeal case; |
| 2. | Date, time, and place of the taking of evidence; |
| 3. | Names of commissioners who participated in the taking of evidence; |
| 4. | Names of parties, representatives, authorized agents, etc. present; |
| 5. | Means and subjects of the taking of evidence; |
| 6. | Results of the taking of evidence. |
| (5) | Where the commission entrusts an employee of an administrative agency to which the commission belongs or another administrative agency with the taking of evidence under Article 36(2) of the Act, the person conducting the investigation may be directed to prepare a record of the taking of evidence. In such cases, paragraphs (3) and (4) shall apply mutatis mutandis. |
| Article 26 (Notification of date of hearing) |
The commission shall notify the parties and inventors of the date of the hearing at least 7 days prior to the date of hearing, either in writing or by the simplified method of notification under Article 38(4) of the Act.
| Article 27 (Oral hearings) |
Where a party intends to request an oral hearing under the proviso of Article 40(1) of the Act, the party shall make such request to the commission either in writing or orally no later than 3 days prior to the date of the hearing.
| Article 28 (Preparation of minutes) |
Where the commission (including subcommissions; hereafter in this Article the same shall apply) holds a meeting, it shall prepare minutes of the meeting, which shall include the oral statements made by the parties present and other relevant matters.
| Article 29 (Information subject to non-disclosure) |
"Matters prescribed by Presidential Decree" in Article 41 of the Act means any of the following matters:
| 1. | A document which includes the statement of the commissioners made in a meeting of the commission (including the subcommission and the specialized commission); |
| 2. | A list of commissioners who will participate in the ruling on the administrative appeal case under hearing; |
| 3. | Matters prescribed by Prime Ministerial Decree, which are deemed likely to impede fairness of hearing and ruling by the commission, if disclosed, except as provided in subparagraphs 1 and 2. |
| Article 30 (Withdrawal of appeal) |
| (1) | Where a petitioner or an intervenor withdraws an appeal or a request for intervention under Article 42(1) and (2) of the Act, he or she may withdraw all or part of the appeal or the request. |
| (2) | Withdrawal of an appeal or a request for intervention under paragraph (1) may be made without the consent of other parties. |
| (3) | Where a withdrawal of an appeal or a request for intervention under paragraph (1) is made, the withdrawn part shall be deemed never to have been filed. |
| Article 30-2 (Mediation procedures) |
| (1) | Where the commission intends to conduct mediation under Article 43-2 of the Act, it shall initiate the mediation by a decision. In such cases, the commission shall notify the parties and intervenors of the decision to initiate the mediation, either in writing or by the simplified method of notification under Article 38(4) of the Act. |
| (2) | Where the commission has commenced mediation under the former part of paragraph (1), it may hold a meeting for mediation. |
| (3) | Where necessary to facilitate mediation, the chairperson may designate a specific commissioner from among the commissioners to prepare a mediation proposal and report it to the commission. |
| (4) | Where mediation fails, the commission shall designate the date of hearing under Article 38(1) of the Act. |
[This Article Added on Apr. 17, 2018]
| Article 31 (Correction of rulings) |
| (1) | Where an obvious error, such as a clerical error, miscalculation, or other similar mistake, is found in a written ruling under Article 46 of the Act, the chairperson may make a correction by a decision either ex officio or upon request by a party. |
| (2) | The original of the correction decision under paragraph (1) (referring to the electronic document where it is prepared in electronic form; hereafter in this paragraph the same shall apply) shall be attached to the original of the written ruling, and the authentic copy and duplicate of the correction decision shall be served on the parties and intervenors, respectively, in accordance with Article 48 of the Act. <Amended on Jun. 2, 2025> |
| Article 32 (Public announcement and notification of revocation of dispositions) |
| (1) | Where the administrative agency that has taken a disposition makes a public announcement or public notice under Article 49(5) of the Act to the effect that the disposition has been revoked or modified, it shall clearly specify the following matters: <Amended on Oct. 17, 2017> |
| 1. | The date and details of the original disposition that was publicly announced or publicly notified; |
| 2. | Causes for and details of revocation or modification of disposition; |
| 3. | The date of the public announcement or public notice. |
| (2) | Where the administrative agency that has taken a disposition notifies an interested person other than the counterparty to the disposition that the disposition has been revoked or modified under Article 49(6) of the Act, paragraph (1) shall apply mutatis mutandis. <Amended on Oct. 17, 2017> |
| Article 33 (Direct dispositions by commission in cases of noncompliance with rulings) |
Where the commission takes a direct disposition under the main clause of Article 50(1) of the Act, it shall comply with the purport of the ruling; and where it is unable to take a direct disposition under the proviso of that paragraph, it shall, without delay, notify the party of such fact and the reason therefor.
| Article 33-2 (Application for and decision on indirect compulsion) |
| (1) | Where the petitioner files an application for indirect compulsion under Article 50-2(1) of the Act or a party files an application for modification of the content of a decision on indirect compulsion under paragraph (2) of that Article, the petitioner shall submit to the commission a written application stating the purpose and grounds of the application. In such cases, the applicant shall also submit as many copies thereof as there are respondents (hereinafter referred to as "respondents"). |
| (2) | Upon receipt of a written application under paragraph (1) concerning an application for indirect compulsion or for modification of the content of a decision on indirect compulsion, the commission shall serve a copy thereof on the respondent. |
| (3) | In the case of paragraph (2), the commission shall require the respondent to submit an opinion on the application for indirect compulsion or the application for modification of the content of the decision on indirect compulsion within a period of not less than 7 days and not more than 15 days. |
| (4) | Where the commission examines and decides on an application for indirect compulsion or an application for modification of the content of the decision on indirect compulsion under paragraph (1), it shall, without delay, serve an authentic copy of the written decision on the party. |
[This Article Added on Oct. 17, 2017]
CHAPTER VII PERFORMANCE OF ADMINISTRATIVE APPEALS THROUGH ELECTRONIC DATA PROCESSING SYSTEMS
| Article 34 (Designation and operation of electronic data processing systems) |
An electronic data processing system (hereinafter referred to as "electronic data processing system") designated and operated by the commission under Article 52(1) of the Act shall be classified as follows:
| 1. | The Central Administrative Appeals Commission under Article 6(2) of the Act: Online administrative appeals system; |
| 2. | An administrative appeals commission (applicable only to an administrative appeals commission that has an electronic data processing system) under Article 6(1),(3), and (4) of the Act: A system designated by the relevant administrative appeals commission. |
| Article 35 (User registration) |
| (1) | A person who intends to use an electronic data processing system shall make user registration by entering the following matters in such manner as designated by the commission: <Amended on Dec. 30, 2015> |
| 2. | The birth date of the user; |
| 3. | The address of the user; |
| 4. | The telephone number of the user; |
| 5. | The ID of user (referring to an identification code to identify the user of an electronic data processing system; hereinafter the same shall apply); |
| 6. | The e-mail address of the user. |
| (2) | Where the commission finds it necessary to perform an administrative appeals procedure using an electronic data processing system, the relevant respondent shall register the following matters with an electronic data processing system in such manner as designated by the commission: |
| 1. | The name of the respondent; |
| 2. | The address of the respondent; |
| 3. | The ID of the respondent; |
| 4. | A department that uses an electronic data processing system and a person in charge thereof. |
| Article 36 (Processing of electronic documents submitted to other administrative agencies) |
| (1) | Where a petitioner or intervenor submits an electronic document by mistakenly designating the respondent or the commission, the relevant administrative agency shall, through an electronic data processing system, forward the document to the respondent who has proper authority and notify the petitioner or intervenor of such fact. |
| (2) | Where the document cannot be forwarded to the respondent who has proper authority through an electronic data processing system under paragraph (1), the relevant administrative agency shall print out the document and send it in written form. |
| Article 37 (Digital signature) |
| (1) | A person who intends to proceed with an administrative appeal procedure through an electronic data processing system shall sign using an electronic signature defined in Article 2(2) of the Digital Signature Act (limited to those by which the real name of the signer can be verified) or an electronic means recognized under other statutes or regulations for verifying the identity of the person. <Amended on Dec. 8, 2020> |
| (2) | A representative, manager, designated representative, or authorized agent who intends to proceed with an administrative appeal procedure through an electronic data processing system may submit a document under Article 19 of the Act by converting it into an electronic image and transmitting it through the electronic data processing system; provided, if the commission deems it necessary and requests submission of the original document, such request shall be complied with. |
| Article 38 (Service using electronic data processing systems) |
| (1) | A petitioner or intervenor who has received a document through an electronic data processing system and the information and communications network connected thereto under the main clause of Article 54(1) and Article 54(5) of the Act may print out the delivered document. In such cases, a ruling or decision printed from an electronic file designated as the authentic copy shall be deemed the authentic copy. |
| (2) | Where a petitioner or intervenor does not consent to service through the electronic data processing system and the information and communications network connected thereto, he or she shall express such intention through the electronic data processing system. |
| (3) | Where the respondent or the commission is unable to effect service due to a failure of the electronic data processing system or the information and communications network connected thereto, or where the petitioner or the intervenor is unable to confirm the served document due to a reason not attributable to him or her, service shall be made under Article 57 of the Act. |
| Article 39 (Notification of fact of registration) |
Notice of the registration of documents such as a written ruling under Article 54(2) of the Act may be given by a simplified method, such as by using the e-mail address or mobile phone number entered by the petitioner or the intervenor in the electronic data processing system.
| Article 40 (Support for operation of electronic data processing system) |
The Central Administrative Appeals Commission may provide guidance and support necessary for the establishment and the operation of electronic data processing systems to ensure the appropriate operation of the electronic data processing systems of other administrative appeals commissions.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 41 (Return of documentary evidence) |
In cases of returning originals of documentary evidence, etc. to the person who has presented them under Article 55 of the Act, the commission may make copies of them and file them in the case record, if deemed necessary.
| Article 42 (Notification of results of administrative litigation) |
"Matters prescribed by Presidential Decree, such as the details or results of the case" in Article 60(2) of the Act means the following:
| 1. | A list of cases in which an administrative litigation has been filed, and the status and outcomes of such cases; |
| 2. | A copy of the written judgment, where a final and conclusive judgment has been rendered in favor of the plaintiff in administrative litigation. |
| Article 43 (Delegation of authority) |
The commission shall delegate the following authority to the chairperson under Article 61 of the Act: <Amended on Apr. 17, 2018; Oct. 30, 2018>
| 1. | Recommendation for selection of designated representatives under Article 15(2) of the Act; |
| 2. | Permission for succession of the status under Article 16(5) of the Act; |
| 3. | A decision on the correction of the respondent under Article 17(2) and (5) of the Act; |
| 4. | Permission for appointment of an authorized agent under Article 18(1)5 of the Act; |
| 4-2. | A decision on whether a State-appointed counsel is appointed and the notification thereof under Article 18-2(2) of the Act; |
| 5. | Permission for intervention under Article 20(5) of the Act, and request for intervention under Article 21(1) of the Act; |
| 6. | A decision on whether the purposes of or grounds for an appeal are allowed to be modified under Article 29(6) of the Act; |
| 7. | A request for correction and ex officio correction under Article 32(1) of the Act; |
| 8. | A decision on whether a request for oral hearing is allowed under Article 40(2) of the Act; |
| 8-2. | Revocation of appointment of, permission for resignation of, and reappointment of, a State-appointed counsel under Article 16-4; |
| 9. | A decision on commencement of mediation under the former part of Article 30-2(1). |
| Article 44 (Processing personally identifiable information) |
| (1) | The commission (including the chairperson to whom the authority vested in the commission is delegated under Article 43) may process data containing a resident registration number, passport number, driver's license number, or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable for the performance of the following business affairs: <Amended on Oct. 17, 2017; Oct. 30, 2018> |
| 1. | Succession to the status of a petitioner under Article 16 of the Act; |
| 2. | Appointment of an authorized agent under Article 18 of the Act; |
| 2-2. | Appointment of a State-appointed counsel under Article 18-2 of the Act; |
| 3. | Intervention in an appeal under Article 20 of the Act; |
| 4. | Receipt or handling of a petition for administrative appeal, etc. under Article 26 of the Act; |
| 5. | Grant of the writ of execution under the latter part of Article 50-2(5) of the Act. |
| (2) | A respondent may process data containing a resident registration number, passport number, driver's license number, or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable for the performance of the business affairs regarding the receipt or handling of a petition for administrative appeal, etc., under Article 24 of the Act. |
[This Article Added on Mar. 27, 2017]
ADDENDA <Presidential Decree No. 22311, Jul. 26, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to other statutes or regulations)
Where the provisions of the previous Enforcement Decree of the Administrative Appeals Act are cited by other statutes or regulations at the time this Decree enters into force, if provisions corresponding to such citation thereto exist in this Decree, the corresponding provisions of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 24418, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27538, Oct. 4, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended under Article 8 of the Addenda, shall respectively enter into force on the dates of which such Presidential Decrees are to enter into force.
Articles 2 through 7 Omitted.
Article 8 Omitted.
ADDENDUM <Presidential Decree No. 28392, Oct. 17, 2017>
This Decree shall enter into force on October 19, 2017.
ADDENDUM <Presidential Decree No. 28808, Apr. 17, 2018>
This Decree shall enter into force on May 1, 2018.
ADDENDUM <Presidential Decree No. 29270, Oct. 30, 2018>
This Decree shall enter into force on November 1, 2018.
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDA <Presidential Decree No. 31222, Dec. 8, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 35590, Jun. 2, 2025>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 35811, Oct. 1, 2025>
This Decree shall enter into force on the date of its promulgation; provided, of those Presidential Decrees amended under this Decree, the amendments to the Presidential Decree which have been promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.