2016.03.29 The 8th revision of Administrative Appeals Act (No. 14146, promulgated on March 29, 2016)

[Partial Revision]
<Reason and Content of Revision>
It was meant to improve and supplement some of the defects of the current system and operation by increasing the maximun number of members of the Central Commission from 50 to 70 and that of other Commissions from 30 to 50 to enhance the expertise and efficiency of the Administrative Appeals Commission.

2014.05.28 The 7th revision of Administrative Appeals Act (No. 12718, promulgated on May 28, 2014)

[Partial Revision]
<Reason and Content of Revision>
State Public Officials Act was revised to promote integration of public officials and build a sound and efficient human resources system. It has simplified the 6 level classification of public officials to a 4 level classification organized around the type of service, eliminating the ranks of technical officials and contract officials. It has redefined the officials in special government services to assistant duties such as assistants and secretaries, to whom merit system is not applicable. Due to the revision, the official ranking of the standing members of Central Administrative Appeals Commisison will change from special government service officials with a term limit and an applicable merit system to general public service officials.

2012.02.17 The 6th Revision of Administrative Appeals Act (No. 11328, promulgated on 2012.2.17)

[Partial Revision]
<Reason and Content of Revision>
Currently, Clause 1, Article 7 of Special Act on Establishment, etc. of Sejong Self-Governing City stipulates the following: "When referring to local government bodies, cities and provinces or cities, counties, and districts in other laws, each of the case is interpreted to include Sejong Self-Governing City and the law is applicable as such." However, as there exists a room for confusion, if not clarified in each of the laww, "Mayor of Self-Governing City" and "Self-Governing City" will be added to the regulations related to local authorities or the laws related to them to reduce confusion.

2010.01.25 The 5th Revision of Administrative Appeals Act (No. 9968, Promulgated on January 25, 2010)

<Reason of Revision>
The number of administrative appeals is increasing each year by a huge rate, and the request for the involved parties' participation in the process is increasing, as the character of administrative appeals is changing to that of a judiciary procedure. Therefore, some systems have been introduced to reinforce the involved parties' rights in the procedure, such as temporary disposition, objection, and electronic information process organization. The name of Central Administrative Appeals Commission is to change to Central Administrative Appeals Commission, and the number of standing members is to be legally expanded to 4 people, and sub-Commissions will be given the power to examine and decide on the cases related to drivers' license. These measures were taken to improve some of the defects of the current system.
<Main Content>
A. The title of the Prime Minister's Administrative Appeals Commission will change from "Prime Minister's Administrative Appeals Commission" to "Central Administrative Appeals Commission) (including Clause 3 of Article 4).
B. Obligation for deliberation for creating specialized administrative appeals, etc. (Article 4)
(1) There are increasing cases of defining special procedures for administrative appeals based on individual laws without special reasons.
(2) To prevent overuse of specialized administrative appeals, heads of the relevant administrative agencies, when newly including contents on specialized administrative appeals in individual laws and change them against the interest of the people, they are obliged to consult Central Administrative Appeals Commission beforehand.
(3) It is expected to enable an integrated operation of administrative appeals system and control overuse of specialized administrative appeals procedures based on individual laws.
C. Increased number of attendees at the Central Administrative Appeals Commission meeting and proportion of appointed members (Clause 5, Article 7)
(1) To improve fairness of other Administrative Appeals Commissions besides the Central one, such as the municipal counterparts, etc. the number of attendants needs to be increased.
(2) In principle, the maximum number of attendants has increased from 7 to 9, and the number of appointed members in meetings has increased from above 4 to above 6.
(3) By increasing the numbers of maximum attendants and appointed members, the fairness of Administrative Appeals Commission is expected to be enhanced.
D. Central Administrative Appeals Commission will be comprised by 50 members, including a chairperson, and the number of standing members will be no more than 4. (Clause 1, Article 8)
E. For a prompt restitution of appellants, administrative appeals cases related to drivers' license can be examined and decided by a sub-commission made of 4 members (Clause 6, Article 8).
F. To secure fairness and independence of administrative appeals, reasons for the disqualification of the members of Administrative Appeals Commissions have been newly created (Clause 4, Article 9).
G. Introduction of an objection system to file objections against the rulings made by Administrative Appeals Commission on procedural matters (Clause 8, Article 16; Clause 6, Article 17; Clause 6, Article 20; Clause 7, Article 29).
(1) The involved parties cannot dispute the procedural matters of the Commission, such as the Commission rejecting the transferee's application of the succession of an appellant's status.
(2) It has made possible for the involved parties to file an objection to the Commission regarding matters that significantly affect the procedural rights of the parties, such as rejections on the succession of appellant's status, application to participate, changing the appeal, etc.
(3) It is expected to protect the procedural rights of the participating parties in the appeals process and strengthen the fairness of the procedure by making the Commission more prudent on its rulings.
H. Strengthened procedural rights of the participants (From Article 20 to Article 22)
(1) Due to insufficience of regulations regarding participation procedures and participants' rights in the administrative appeals procedure, a lack of participation exists.
(2) It has strengthened the procedural position of the participant, such as providing a procedural status equivalent to that of relevant parties.
(3) It is expected to activate interested parties' participation in the procedure, by securing the status of participant in the administrative appeals procedure.
I. Introduction of a temporary disposition system (Article 31)
(1) When the appellant of the administrative appeal receives an unrecoverable damage by a disposition or omission, the previous system of suspending the execution could not fully relieve the appellant's right. (2) The introduction of the temporary disposition system is expected to more actively protect the temporary rights of the concerned parties than a suspension of execution by providing a temporary status to the parties to prevent significant disadvantage and danger that can be caused by the disposition and omission from the administrative agencies.
J. Provision of grounds for administrative appeals through an electronic information process organization (From Article 52 to Article 54)
(1) Due to the development and management of a system that appellants can conveniently make administrative appeals through an electronic information process organization, relevant legal basis needs to be created.
(2) It has provided a management basis of an online administrative appeals system, such as providing a basis for sending electronic documents.
(3) By clarifying a legal basis for operating an administrative appeals system through an electronic information process organization, more active rights relief will be possible, and the efficiency of the administrative appeals system is expected to improve.

2008.02.29 The 4th Revision of Administrative Appeals Act (No. 8871, promulgated on February 29, 2008)

<Reason of Revision>
By creating Anti-Corruption & Civil Rights Commission, a unified counter for administrative appeals and petitions made by unifying Prime Minister's Administrative Appeals Commission, People's Petition Commission, and National Integrity Commission, changing the installation and composition of Prime Minister's Administrative Appeals Commission. It has simplified the procedure by giving Administrative Appeals Commission the power to give verdict to administrative appeals cases. By shortening the process, it has maximized the effect of a unified counter and is meant to support prompt rights relief, which is the original purpose of the administrative appeals system.
<Main Content>
A. Provision of an authority to decide to Administrative Appeals Commission (Article 5, etc.)
(1) Currently, the structure of institutions related to administrative appeals is complex, including disposition authorities, Administrative Appeals Commission that makes rulings, upper-level institutions that examine the case based on the ruling of the Commission, etc. Such complex structure creates confusion. Disposition aurhorities' written answers must go through the upper-level institution before being registered at the Commission. As the Commission fails to directly report to the appellant the result of the ruling, only to delay the processing period. This situation is not in line with the purpose of the administrative appeals system, which aims for a prompt restitution.
(2) The revision eliminated the concept of a ruling office, and made the written answer directly sent to the Commission, and the Commission would directly bring in verdict after finishing the case review.
(3) It is expected to resolve confusion on relevant institutions and shorten the processing period of the cases, contributing to prompt restitution.
B. The revision includes a change of the structural composition of Prime Minister's Administrative Appeals Commission (Clause 3, Article 5 and Clause 2, Article 6) and Anti-Corruption & Civil Rights Commission - a unified body of Prime Minister's Administrative Appeals Commission, People's Petition Commission, and National Integrity Commission - carrying out tasks related to administrative appeals. According to the enactment of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, Prime Minister's Administrative Appeals Commission went under Anti-Corruption & Civil Rights Commission.

1998.12.28 The 3rd Revision of Administrative Appeals Act (No. 5600, promulgated on March 29,1999)

<Main Content>
① To enhance professionalism, objectiveness, and efficiency of administrative appeals, except for the cases defined by the Presidential decree, the head of the relevant central administrative agencies where the regarding the special regional administrative agencies become an upper-level institution regarding the dispositions and omission of special national regional administrative agencies.
② To promptly deal with an increasing number of administrative appeals cases and to enhance the expertise and efficiency of the management of the Prime Minister's Administrative Appeals Commission has increased the maximum number of members from 35 to 50.
③ To review administrative appeals cases designated by the chairperson of the Prime Minister's Administrative Appeals Commission, sub-Commissions can be created, if needed, for an efficient operation of the Commission. ④ Regarding members that are not public officials, when applying fines and penalties based on the criminal or other laws, they shall be considered as public officials.
⑤ To protect the fairness and objectivity of the process of review and decision-making of the Commission, when disclosing information, such as a speech from a member in the Commission., items that could harm the fairness of review and ruling of the Commission when disclosed, may not be disclosed.

1997.08.22 The 2nd Revision of Administrative Appeals Act (No. 5370, promulgated on 10. 1. 1997.)

<Main Content>
① To improve professionalism and efficiency of the management of Prime Minister's Administrative Appeals Commisison, the maximum number of members was increased from 30 people to 35 people to allow additional designation of expert-field members. As the number of administrative appeal cases is drastically increasing, the number of standing member has changed from 1 person to within 2 people.
② Before, the appellant had to request a suspension of execution to an upper-level institution, the the institution would send the request to the Commission and make a ruling based on the Commission's review and ruling. Now, the appellant can directly arequest a suspension of execution to the Commission, securing effectiveness of the execution suspension system and promoting a prompt relief of civil rights.
③ During review and ruling of the Commission, the upper-level institution can submit a written opinion to the Commission or attend the meeting to state their opinion, allowing for factual and fair judgment.
④ The Commission can now request correction in the review and ruling process, if the orders or systems that the illegal or unjust disposition is based on give noticeable disadvantage to the citizens, for example, they might not have a legal ground, be in opposition to the higher law, or give excessive burden to the citizens.

1995.12.06 The 1st Revision of Administrative Appeals Act (No. 5000, promulgated on April 1, 1996)

<Main Content>
① Made the dispositions made by central administrative agencies and the heads of municipalities and provinces to undergo review and ruling by the Prime Minister's Office, which used to be done at administrative appeals Commissions under the central administrative agencies. It also obliged more than half of the entire members to be of a civilian background. Such measures improved the objectiveness of Administrative Appeals Agencies.
② Previously, appellants had to go through the disposition offices to file an appeal, but from now on, they can make their appeals directly to the upper-level institutions.
③ Previously, appeals had to be made within 60 days of learning of the disposition, but now the period has been expanded to 90 days, allowing for greater opportunity to file appeals.
④ Both oral and written trials are possible, but if the appellant requests an oral trial, the process can be done orally, except for cases that written trial suffices. It has democratized the trial process.
⑤ It allowed the upper-level institution to make dispositions if the administrative agency does not follow the verdict of the performance of a duty, improving the effectiveness of the reuling of the administrative appeal.
⑥ As the Commission is a non-standing institution, a new regulation for delegation has been created, so that the chairperson of the Commission can deal with minor issues for an efficient execution.

1985.10.01 Enforcement of Administrative Appeals Act and Annulment of Administrative Appeals Law and Administrative Delibration Regulations.

1984.12.15 Enactment of Administrative Appeals Act (No. 3755, promulgated on October 1, 1985)

<Main Content>
① Although administrative agencies have the duty for disposition, when they are not performing their duty, the Commission can not appeal for their active disposition.
② It required the installation of an administrative appeals Commission. Since the pre-existing Appeals Council was merely an advisory institution, insufficient for the restitution of the citizens, the law institutionalized the Commission as a ruling institution, and the upper-level institution is obliged to decide based on the ruling by the Commission.
③ It allowed the Prime Minister's Administrative Appeals Commission to examine and decide the dispositions made by the heads of each administrative ministries.
④ Now appeals can be made for the cases in which the effectiveness of the disposition has expired or been terminated due to the execution of the disposition, but that can bring a legal advantage to the appellant if the disposition is cancelled.
⑤ Family members, spouse and relatives of certain closeness, of the appellant, employees of the corporation, or other person granted permission from the Commission can now represent the appellant.
⑥ The appeal period has been extended to within 60 days upon knowledge of an administrative disposition and 180 days within the date of disposition.
⑦ The appellant's rights to receive a copy of the written answer submitted by the disposition office and to request an oral trial have been acknowledged. The rights to submit evidence and request authorization and review are secured.
⑧ Even if an appealed case has a due reason, it can be dismissed for public interest. This measure was meant to balance with the administrative purpose and the "Judicial Ruling after Due Disposition" system prescribed by the Administrative Appeals Act.
⑨ The ruling should not be made in a more disadvantageous manner than the disposition targeted by the trial.
⑩ A system noticing disobedience to an administrative disposition during the execution has been created. Redemption regulations for un-notified and mis-notified cases should be provided.

1981.03.02 Revision of Regulations on Administrative Appeals Commission (Presidential Order No. 10235)

1964.09.10 Enactment of Regulations on Administrative Appeals Commission (Presidential Order No. 1931)
- Foundation of Prime Minister's Administrative Appeals Commission

1951.08.03 Enactment of Administrative Appeals Law (No. 211, promulgated on September 3, 1951)