Types of administrative lawsuits
An appeal lawsuit is a lawsuit filed against an administrative agency by a person who claims that his/her right or interest is infringed upon due to the administrative agency’s wrongful disposition or nonperformance. It includes cancellation lawsuits, confirmation of invalidity lawsuits, confirmation of nonperformance and illegality lawsuit. Specific examples include lawsuits seeking cancelation or confirmation of invalidity of imposed tax, cancellation of disposition by Korea Workers’ Compensation & Welfare Service or Government Employees’ Pension Service, and cancellation of various rejection dispositions.
Lawsuit of the person concerned
The lawsuit of the person concerned includes lawsuits on the legal relation caused by an administrative agency’s disposition and lawsuits on legal relation according to the public law. The lawsuit is filed against a party of the legal relation. Specific examples include lawsuits seeking confirmation of one’s position or status according to the public law and lawsuits seeking payment according to the public law.
General administrative lawsuit
Administrative lawsuit seeking cancellation of revocation/suspension of the driver’s license
It is very difficult to nullify revocation of driver’s license, especially a revocation caused by drunk driving. However, if the livelihood of the person’s family is threatened by the revocation of driver’s license because that is the only way he/she can earn a living, the only course the person can take is to state repentance of his/her action, showing how he/she will correct his/her action in the future and asking for mercy through an administrative lawsuit.
Administrative lawsuit seeking revocation of business suspension or cancellation of fine
When a business person receives a disposition of business suspension or fine unfairly, he/she can seek relief through an administrative lawsuit. Examples include employment of an under aged person, selling liquor to an under aged person, and failure to maintain building facilities according to the law.
Administrative lawsuit seeking the status of Men of National Merit
An administrative lawsuit seeking the status of Men of National Merit can be filed by the person concerned or his/her heir if the person died or was disabled during the performance of work done to develop the nation.
Administrative lawsuit seeking compensation for a bereaved family
A bereaved family can claim compensation for bereaved family through an administrative lawsuit if a worker died due to an industrial accident, a government employee dies in the performance of government work, or a teacher dies of injury or disease caused by the performance of work.
Administrative lawsuit related to revocation of building permit/expropriation of land
A person can seek resolution to an unreasonable cancellation of their building permit or seek compensation for the expropriation of their land or building by the government through an administrative lawsuit
Administrative lawsuit seeking cancellation of a deportation order
Deportation order for a foreigner or employment permission of a foreigner can be resolved through an administrative lawsuit
Lawsuit on cancellation of termination of employment or disciplinary action for a government employee or confirmation of one’s status
Lawsuit related to labor disputes such as cancellation of judgment on reexamination of a wrongful termination of employment
Invalid election of a member of National Assembly, head of local government, and member of local council