Civil petitions & documents

How to Request a Written Commitment from an Agency — Securing a Commitment Before a Permit, and Supplement Requests and Returns of Reports

If the law allows a party to apply for a disposition, you may ask the agency for a commitment that it will or will not make that disposition in the future, and the commitment must be made in writing (Administrative Procedures Act, Article 40-2). If, after the commitment, the law or circumstances change so that it cannot be carried out, or the commitment itself is unlawful, the agency is not bound by it and must notify the party of that fact without delay. For a report that is completed simply by notifying the agency, the obligation is fulfilled when a report meeting the entry, attachment and formal requirements reaches the receiving office; if requirements are missing, the agency requests a supplement within a set period and, if no supplement is made within that period, returns the report stating its reasons. A report that a statute expressly says requires acceptance takes effect only when the agency accepts it.

Procedure

  1. 1. Confirm the disposition you want and whether a commitment is available

    A commitment can be requested only for a disposition that the law allows a party to apply for. First organize the legal basis of the permit you want, the application requirements and the agency that makes the disposition. Prepare on the understanding that an official's oral answer or phone guidance is not in writing and therefore does not meet the requirements of a commitment.

  2. 2. Prepare and submit the commitment request

    The Administrative Procedures Act and its Enforcement Decree and Enforcement Rule provide no separate form for a commitment request, so you apply with a document stating the applicant, the disposition you want in the future, its legal basis and materials showing the requirements are met. If it is a statutory civil petition with high costs, such as purchasing land, also consider a preliminary review request under Article 30 of the Civil Petitions Treatment Act (Form No. 8). Keep a copy of the submitted documents and the filing record.

  3. 3. Check the consultation procedure and the written reply

    If the disposition requires consultation with another agency, the agency must complete that consultation before making a commitment (Article 40-2, Paragraph 3). When you receive a reply, check whether it is in writing and what disposition it promises under what conditions. The agency decides whether to make a commitment, so reset your business schedule according to the reply.

  4. 4. Track notices of changed circumstances

    If, after the commitment, the law or circumstances change so that its content cannot be carried out, or the commitment is unlawful, the agency is not bound by it and must notify the party of that fact without delay (Article 40-2, Paragraphs 4 and 5). Even after receiving a commitment, proceed with the project while checking amendments to the relevant laws and notices from the agency.

  5. 5. Submit the formal application or report and respond to supplement requests

    Even with a commitment, you still file a separate formal application for the permit. A notification-type report fulfills the obligation when it reaches the receiving office, provided the entries have no defects, the required documents are attached and other formal requirements are met (Article 40, Paragraph 2). If the requirements are not met, the agency sets a reasonable period and requests a supplement, and if no supplement is made within that period, it returns the report stating the specific reasons (Article 40, Paragraphs 3 and 4).

Required documents

  • Commitment request (no prescribed form in the Administrative Procedures Act or its Enforcement Decree or Enforcement Rule; submitted as a document stating the disposition you want and its legal basis)
  • Preliminary review request (Enforcement Rule of the Civil Petitions Treatment Act, Form No. 8; when requesting a preliminary review of a civil petition)
  • Draft of the statutory application form for the permit you want and a list of required documents
  • Materials showing the requirements are met, such as a business plan, location map and layout plan
  • Public records for the site, such as a land use plan confirmation and building register
  • Report form (statutory form under the relevant law) and required documents (when also filing a report)
  • Copies of the supplement request and return notice (if the report was returned)
  • Letter of authorization (when an administrative agent handles the submission)

Fees

Typically in the range of several hundred thousand won across the industry · We will advise after a consultation, based on whether it is a commitment request or a preliminary review request, the legal basis of the permit you want and the volume of attachments. Government fees are separate.

Legal basis and review date

  • Administrative Procedures Act, Article 40
  • Administrative Procedures Act, Article 40-2
  • Framework Act on Public Administration, Article 34
  • Civil Petitions Treatment Act, Article 30
  • Enforcement Decree of the Civil Petitions Treatment Act, Article 33
  • Enforcement Decree of the Civil Petitions Treatment Act, Article 34
  • Enforcement Rule of the Civil Petitions Treatment Act, Article 11
  • Enforcement Rule of the Civil Petitions Treatment Act, Form No. 8
  • Administrative Agents Act, Article 2

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • If the law or circumstances change after a commitment, the agency may not be bound by it, so do not rush into purchasing land or signing construction contracts based only on the commitment document, and keep checking notices from the agency until you obtain the formal permit.
  • If you receive a supplement request after filing a report, you must supplement it within the set period; if the period passes, the agency returns the report stating its reasons.

Frequently asked questions

Can I get a commitment from the agency that it will grant a permit before I apply?
If the law allows a party to apply for the disposition, you can request a commitment. Article 40-2 of the Administrative Procedures Act provides that an agency may, at a party's request, express its intention to make or not make a certain disposition in the future, and requires the commitment to be in writing. The agency decides whether to make a commitment, so requesting one does not guarantee you will receive it, and a phone call or oral answer is not a commitment.
Could the permit still be refused after I receive a commitment?
Yes, it could. If, after the commitment, the law or circumstances change so that its content cannot be carried out, or the commitment itself is unlawful, the agency is not bound by it. In that case the agency must notify the party of that fact without delay.
How does a commitment differ from a preliminary review request for a civil petition?
They have different legal bases and scopes. A preliminary review request is a procedure under Article 30 of the Civil Petitions Treatment Act for a simplified review, before formal application, of a statutory civil petition that involves high costs such as purchasing land or that would cause considerable economic loss if refused, and the result is notified in writing. The agency must endeavor to make the same decision on matters it notified as possible when you later apply formally, and for a petition whose normal processing period is 30 days or more, the preliminary review period is set within 30 days.
What happens if my report is not accepted and is returned?
It depends on the type of report. A report completed simply by notifying the agency fulfills the obligation when a report meeting the formal requirements reaches the receiving office; if requirements are missing, the agency sets a period and requests a supplement, then returns the report stating its reasons if no supplement is made within that period. A report that a statute expressly says requires acceptance takes effect only when the agency accepts it (Framework Act on Public Administration, Article 34), so check the reasons in the return notice and whether a supplement request was made, then prepare the supplementary documents and submit again.
Does an administrative agent prepare commitment requests or reports?
Yes. Hwang Yunsang Administrative Office prepares commitment requests, preliminary review requests for civil petitions, and permit applications and reports in line with the relevant laws, and handles their submission. If you receive a supplement request, we organize the supplementary documents and submit them again for you.

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.