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. 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. 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. 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. 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. 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
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?
Could the permit still be refused after I receive a commitment?
How does a commitment differ from a preliminary review request for a civil petition?
What happens if my report is not accepted and is returned?
Does an administrative agent prepare commitment requests or reports?
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.
