Appeals against administrative dispositions
How to Apply for Correction of the Respondent in an Administrative Appeal — 7-Day Objection, Up to 3 Appointed Representatives for Joint Claims
An administrative appeal is filed with the agency that made the disposition as the respondent; in an appeal for performance of duty it is the agency that received the application, and if the authority has passed to another agency, the succeeding agency is the respondent (Administrative Appeals Act, Article 17, Paragraph 1). Even if you name the wrong respondent, the commission may correct it on its own authority or on request, and once corrected, the appeal is deemed filed against the new respondent at the time it was filed against the former respondent. You may file an objection to a correction decision with the commission within 7 days from the date you receive the original decision. When several people file together, they may appoint up to 3 representatives from among the claimants, and an appointed representative who wishes to withdraw the claim must obtain the consent of the other claimants and prove it in writing.
Procedure
- Appeal Difficulty High
Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.
We will prepare a prior notification opinion, a hearing document, an objection form to the disposition office, an administrative appeal claim, and a document for suspension of execution, step by step. We will first check the actual notice and statutory application requirements.
Scope & fee
- Basic scope
- We will review 1 notice of disposition and the provided evidence and prepare a request for administrative appeal on the merits. Prior notification opinion, hearing, appeal to the disposition office, and suspension of execution are each separate optional procedures. Scope of preparation: 1 type of administrative appeal claim, 5 pages per type. It does not include in-office submissions.
- Preparation of opinion for prior notice of general administrative disposition
- We will review 25 pages of provided materials for 1 applicant and 1 prior notice and prepare 5 pages of opinion and submission materials. For cases with dedicated work, priority is given to that type, and attendance at hearings and adjudication after disposition are separate. It does not include in-office submissions.
- Official fee source ↗
- Excludes writing and attendance for general administrative disposition hearings
- We will review 25 pages of notice/disposition materials for 1 applicant and 1 hearing and prepare 5 pages of hearing opinion. If it is the same document as the prior notice opinion, it will not be duplicated, and hearing attendance and statements will not be included. It does not include in-office submissions.
- Official fee source ↗
- Preparation of objection form to disposition office, excluding administrative appeal
- We will review 25 pages of data and determine whether a legal objection can be filed for 1 applicant/1 disposition and prepare a 5-page statement of reasons. Appeals to the disposition office and administrative appeals are separate and do not include trials and lawsuits. It does not include in-office submissions.
- Official fee source ↗
- Document for suspension of execution of existing general administrative appeal
- We will review 20 pages of emergency damage data for the merits and dispositions that have already been raised and prepare a 3-page statement of reasons for the suspension of execution. It does not include independent motions without merits, new merits, or court motions. It does not include in-office submissions.
- Official fee source ↗
- General administrative appeal and suspension of execution
- We will review 40 pages of common and emergency damage data for 1 case and prepare a 5-page statement of reasons for the main case and a 3-page statement of reasons for suspension of execution. It includes the common list and simultaneous submission, and preliminary opinions, hearings, separate response rebuttals, and committee appearances are separate. It does not include in-office submissions.
- Official fee source ↗
1. Identify the respondent from the disposition notice
Check the agency named as issuing the disposition in the disposition notice and enter it as the respondent. In an appeal for performance of duty, the respondent is the agency that received the claimant's application, and if the authority related to the subject of the claim has passed to another agency, enter the agency that succeeded to that authority (Article 17, Paragraph 1).
2. Joint claims and appointing representatives
When several people file jointly, they may appoint up to 3 representatives from among the claimants, and if they do not, the commission may recommend appointment when it deems necessary (Article 15, Paragraphs 1 and 2). Once representatives are appointed, the other claimants may act in the case only through them, so decide in advance how contact and receipt of documents will be handled (Article 15, Paragraph 4).
3. Prepare and submit the appeal form
The administrative appeal form states the claimant, the respondent and the commission, the content of the disposition, the date you learned of the disposition, the purpose and grounds of the claim and whether notice of the right to appeal was given; if appointed representatives file, also enter their names and addresses, then sign or seal it (Article 28). Because a representative's status must be proven in writing, submit the appointment form together, and file the appeal form with as many copies as there are respondents to the respondent or the commission (Article 19, Paragraph 1; Article 23, Paragraph 1). The filing period is 90 days from the date you learned of the disposition and 180 days from the date of the disposition (Article 27).
4. Request correction of the respondent and object
If you named the wrong respondent, submit a document stating that you request correction to the commission, and the commission may also correct it on its own authority (Article 17, Paragraph 2; Enforcement Decree, Article 15, Paragraph 1). Once a correction decision is made, the claim against the former respondent is deemed withdrawn and the claim is deemed filed against the new respondent at the time of the original filing (Article 17, Paragraph 4). A party who disagrees with the correction decision may file an objection with the commission within 7 days from the date of receiving the original decision (Article 17, Paragraph 6).
5. Report changes in claimants during the case
If a claimant dies, the heirs and others succeed to the claimant's status, and if a corporation ceases to exist through a merger, the surviving or newly established corporation succeeds; the successor reports this in writing to the commission with supporting documents (Article 16, Paragraphs 1 to 3). A person who acquires the rights may succeed with the commission's permission, and a decision refusing permission may be objected to within 7 days from the date of receiving the original decision (Article 16, Paragraphs 5 and 8). If you dismiss or replace an appointed representative, notify the commission in writing without delay (Article 15, Paragraph 5).
Required documents
- Administrative appeal form (Enforcement Rule of the Administrative Appeals Act, Form No. 30) and as many copies as there are respondents
- Appointment of representatives form (same Enforcement Rule, Form No. 19; when representatives are appointed in a joint claim)
- Request for correction of respondent (same Enforcement Rule, Form No. 24; when the wrong respondent was named)
- Objection to a decision of the administrative appeals commission (same Enforcement Rule, Form No. 23; when disagreeing with a correction decision)
- Dismissal of representatives form (same Enforcement Rule, Form No. 20; when dismissing or replacing a representative)
- Report of succession to claimant status or application for permission to succeed to claimant status (same Enforcement Rule, Forms No. 21 and No. 22) and documents proving the succession
- Copy of the disposition notice (to confirm the issuing agency and the date you learned of the disposition)
- Withdrawal of appeal form (same Enforcement Rule, Form No. 40) and consents of the other claimants (when a representative withdraws)
Fees
Government fees are separate. Our office fee starts from the amount shown above and may vary depending on the number of claimants, whether additional documents such as respondent correction or succession are needed, and the volume of evidence; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Administrative Appeals Act, Article 15
- Administrative Appeals Act, Article 16
- Administrative Appeals Act, Article 17
- Administrative Appeals Act, Article 19
- Administrative Appeals Act, Article 23
- Administrative Appeals Act, Article 27
- Administrative Appeals Act, Article 28
- Enforcement Decree of the Administrative Appeals Act, Article 14
- Enforcement Decree of the Administrative Appeals Act, Article 15
- Enforcement Decree of the Administrative Appeals Act, Article 20
- Enforcement Rule of the Administrative Appeals Act, Forms No. 19, 20, 21, 22, 23, 24, 30 and 40
- Administrative Agents Act, Article 2
Check these first
- Respondent correction carries a claim already filed over to the new respondent, so even if you are unsure who the respondent is, file the appeal form first within 90 days from the date you learned of the disposition.
- Once representatives are appointed, the other claimants cannot submit documents directly and may act only through the representatives, so agree among the claimants before appointment on how decisions such as withdrawal or supplementary briefs will be made together.
Frequently asked questions
Who should be named as the respondent in an administrative appeal?
What should I do if I named the wrong respondent in an administrative appeal?
How many days do I have to object to a respondent correction decision?
When several people file an administrative appeal together, how many representatives can they appoint?
Does an administrative agent prepare the appeal form and the appointment of representatives form?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.