Article 6 (Establishment of Administrative Appeals Commissions)

① With respect to an administrative appeal (hereinafter referred to as "appeal") filed against disposition or ommission by the following administrative agencies or its subordinate administrative agencies (referring to any agency supervised, or entrusted with affairs, by the following administrative agencies, regardless of the hierarchy of administrative organization, and the administrative agency entrusted with affairs shall be deemed to be under the jurisdiction of the administrative agency that entrusts the affairs in question with respect to the entrusted affairs; hereinafter the same shall apply), an administrative appeals commission established under the following administrative agencies shall review and make a ruling:
1. The Board of Audit and Inspection of Korea, the Director of National Intelligence Service, and the heads of other agencies under the direct control of the President prescribed by Presidential Decree;
2. The Secretary General of the National Assembly, the Minister of National Court Administration, the Secretary General of the Constitutional Court, and the Secretary General of the National Election Commission;
3. The National Human Rights Commission of Korea, Truth and Reconciliation Commission, and other administrative agencies prescribed by Presidential Decree in recognition of the independence, uniqueness, etc. of their status and nature.

② With respect to an appeal filed against disposition or omission by the following administrative agencies, the Central Administrative Appeals Commission established under the Anti-Corruption and Civil Rights Commission pursuant to the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter referred to as the "Civil Rights Commission"), shall review and make a ruling:
1. The head of a state administrative agency, or its subordinate administrative agency, other than the administrative agencies under paragraph ①;
2. A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Metropolitan Autonomous City Mayor, a Do Governor, a Special Self-Governing Province Governor (including the superintendent of education in a Special Metropolitan City, a Metropolitan City, a Special Metropolitan Autonomous City, a Do, or a Special Self-Governing Province; hereinafter referred to as a "Mayor/Do Governor") or its Assembly (including all administrative agencies under the jurisdiction of its Assembly, such as the Chairperson, the Chairperson of a Committee, and the Secretary General) of a Special Metropolitan City, a Metropolitan City, a Special Metropolitan Autonomous City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do");
3. Associations of local governments under the Local Autonomy Act and other administrative agencies jointly established by the State, local governments, public corporations, etc. Provided, That the administrative agency under Article 3 ③ shall be excluded herefrom.

③ With respect to an appeal filed against disposition or omission by the following administrative agencies, an administrative appeals commission established under the jurisdiction of a Mayor/Do Governor reviews and makes a ruling:
1. An administrative agency under the jurisdiction of a City/Do;
2. The head of a Si/Gun/autonomous Gu located under the jurisdiction of a City/Do, its subordinate administrative agency, or the Assembly of a Si/Gun/autonomous Gu (including all administrative agencies under the jurisdiction of the Assembly, such as the Chairperson, the Chairperson of a committee, the director of general services, and the head of general services);
3. An administrative agency jointly established by at least two local governments (referring to a Si/Gun/autonomous Gu) and a public corporation, etc. under the jurisdictions of a City/Do.

④ Notwithstanding paragraph ② 1, with respect to an appeal filed against disposition or omission by the head of a specialized local administrative agency under the control of a state administrative agency prescribed by Presidential Decree, the administrative appeals commission established under the immediate upper-level administrative agency having jurisdiction over the relevant administrative agency shall review and make a ruling

Article 8 (Composition of the Central Administrative Appeals Commission)

① The Central Administrative Appeals Commission shall be comprised of not more than 70, including one Chairperson, and its standing members shall not be more than four.

② The Chairperson of the Central Administrative Appeals Commission shall be one person, from among the vice chairpersons of the Civil Rights Commission, and where the Chairperson is absent or is unable to perform his/her duty because of inevitable circumstances, or where he/she deems it necessary, a standing member (in order of seniority of service as a standing member, and in cases of equal seniority of service, in order of their age) shall act on the Chairperson's behalf.

③ A standing member of the Central Administrative Appeals Commission shall be designated as a state public official in general service and in a fixed term position under Article 26-5 of the State Public Officials Act, and shall be appointed by the President through the Prime Minister upon the recommendation of the Chairperson of the Central Administrative Appeals Commission, from among those who have served as public officials of Grade III or higher or as public officials in general service who belong to the Senior Civil Service Corps for at least three years in his/her term of office, or from among those who have extensive knowledge and experience in administrative appeals. (Amended by Act No. 12718, May 28, 2014)

④ A non-standing member of the Central Administrative Appeals Commission shall be commissioned by the Prime Minister, taking gender into consideration, upon the recommendation of the Chairperson of the Central Administrative Appeals Commission from among persons referred to in any subparagraph of Article 7 ④. (Amended by Act No. 14146, Mar. 29, 2016)

⑤ The meetings of the Central Administrative Appeals Commission (excluding the meetings of its subcommission under paragraph ⑥) shall be comprised of nine persons, including the Chairperson, standing members, and non-standing members designated by the Chairperson for each meeting

⑥ The Central Administrative Appeals Commission may have a subcommission comprised of four members that reviews and adopts a resolution on a case in relation to the administrative disposition of driver’s license under the Road Traffic Act (excluding cases that are to be reviewed and decided on by the Central Administrative Appeals Commission, in accordance with the decision made by the subcommission), from among cases on an appeal (hereinafter referred to as "case")

⑦ The Central Administrative Appeals Commission and the subcommission shall adopt a resolution with the attendance of a majority of the members under paragraphs ⑤ and ⑥, respectively, and by the concurring vote of a majority of those present

⑧ The Central Administrative Appeals Commission may establish a specialized commission for a prior consideration of the cases designated by the Chairperson, if deemed necessary

⑨ Matters concerning the organization, operation, etc. of the Central Administrative Appeals Commission, the subcommission, and the specialized commission shall be prescribed by Presidential Decree

Article 7 (Composition of Administrative Appeals Commissions)

① An administrative appeals commission (excluding the Central Administrative Appeals Commission; hereafter the same shall apply in this Article) shall be comprised of not more than 50 members, including one chairperson

② The chairperson of an administrative appeals commission shall become an administrative agency to which the administrative appeals commission belongs; and where the chairperson is absent or is unable to perform his/her duty because of inevitable circumstances, or where he/she deems it necessary, a member of the administrative appeals commission shall act on behalf of the chairperson according to the following order:
1. A member of the administrative appeals commission who is nominated by the chairperson in advance;
2. A member of the administrative appeals commission, who is a public official and nominated in accordance with paragraph ④ (where there are two or more members, a member who has a higher class as a public official or a higher class of duties as a public official belonging to the Senior Civil Service Corps; where they have the same class or class of duties, a member with longer period of service; and where the period of service is equal, a senior in age).

③ Notwithstanding paragraph ②, where an administrative appeals commission is established under the jurisdiction of a Mayor/Do Governor pursuant to Article 6 ③, a member of the commission who is not a public official may be designated as the chairperson of the commission as prescribed by ordinance of the relevant local government. In such cases, the chairperson shall serve as a non-standing member.

④ The administrative agency with which an administrative appeals commission is affiliated, shall commission a member of the relevant administrative appeals commission from among the following persons, taking gender into consideration, or shall nominate a member of such commission from among public officials of the administrative agency:
1. A person who has experience in practices for at least five years after being qualified as an attorneys-at-law;
2. A person who holds or held the position of assistant professor or higher at a school under paragraphs ① through ⑥ of Article 2 of the Higher Education Act;
3. A person who served as a public official of Grade IV or higher or a public official belonging to the Senior Civil Service Corps;
4. A person who has work experience for at least five years in relevant fields after acquiring a doctoral degree;
5. A person who has abundant knowledge and experience in administrative appeals.

⑤ A meeting of an administrative appeals commission shall be comprised of its chairperson and eight members who are designated by the chairperson for each meeting (of whom at least six members shall be those commissioned pursuant to paragraph ④, but where the chairperson is not a public official in accordance with paragraph ③, at least five members shall be commissioned): Provided, That a commission may be comprised of its chairperson and six members designated by the chairperson for each meeting (of whom at least five members shall be those commissioned pursuant to paragraph ④, but where a member who is not a public official serves as the chairperson in accordance with paragraph ③, at least four members shall be commissioned) as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree (in cases of an administrative appeals commission established under the jurisdiction of a Mayor/Do Governor under Article 6 ③, ordinance of a relevant local government).

⑥ An administrative appeals commission shall adopt a resolution with the attendance of a majority of the members under paragraph ⑤ and by the concurring vote of a majority of those present.

⑦ The organization and operation of an administrative appeals commission and other necessary matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.