Civil petitions & documents
Application for Reexamination of a Disposition — Dispositions Past the Appeal Period, 60 Days from Learning of New Evidence and 5 Years from the Disposition
Even where a disposition can no longer be contested because the period for an administrative appeal or administrative lawsuit has passed, a party may apply to the administrative agency that issued it for revocation, withdrawal or modification if the facts or legal relationship underlying the disposition later changed in the party's favor or there is new favorable evidence (Article 37(1) of the Framework Act on Administration). The application must be filed within 60 days from the date the party learned of the ground, and cannot be filed once 5 years have passed from the date of the disposition (Article 37(3)). Sanctions, administrative enforcement, disciplinary actions against public officials, immigration, naturalization and nationality restoration of foreigners, imposition and collection of fines for negligence, and dispositions confirmed by a final court judgment are not subject to reexamination (Article 37(1) and (8)).
Procedure
- Drafting Difficulty Low
Work completed by drafting documents such as contracts, certified letters or statements of fact, without review by a government authority.
We will prepare and submit petitions, complaints, and suggestions based on the provided materials. Electronic submission and in-office submission are categorized into the scope you select.
Scope & fee
- Electronic filing
- Based on the data provided by 1 applicant or 1 organization, we will prepare 1 type of document and a list of supporting documents among petitions, complaints, and suggestions, and support submission through the selected route. It does not include separate complaints or subsequent complaints. Scope of writing: 1 type per petition/petition/suggestion, 5 pages per type. It does not include in-office submissions.
- In-person filing
- Based on the data provided by 1 applicant or 1 organization, we will prepare 1 type of document and a list of supporting documents among petitions, complaints, and suggestions, and support submission through the selected route. It does not include separate complaints or subsequent complaints. Scope of writing: 1 type per petition/petition/suggestion, 5 pages per type. 1 office visit is included.
1. Check whether the disposition is eligible for reexamination
Sanctions that restrict rights on the ground of violation of statutory obligations, and administrative enforcement measures such as charges for compelling compliance and administrative vicarious execution, are excluded from reexamination (Articles 2(5), 30(1) and 37(1) of the Framework Act on Administration). Disciplinary actions against public officials, matters decided through resolution of the Labor Relations Commission, criminal, correctional and security measures, immigration, refugee recognition, naturalization and nationality restoration of foreigners, imposition and collection of fines for negligence, and matters excluded by individual statutes are also excluded (Article 37(8)), so first check the legal basis and type of disposition stated in the notice.
2. Check whether the disposition can still be challenged by appeal or lawsuit
Reexamination applies to dispositions that can no longer be contested through an administrative appeal, administrative lawsuit or other dispute procedure, and dispositions confirmed by a final court judgment are excluded (Article 37(1) of the same Act). If the period for an administrative appeal has not yet expired, the principle is to contest the disposition through an objection or administrative appeal rather than reexamination, so check the remaining period based on the date you received the notice of disposition.
3. Organize the grounds and the application period
The grounds are: the facts or legal relationship underlying the disposition later changed in your favor; there is new evidence that would have led to a favorable decision; or the public official handling the disposition committed a crime in connection with duties, the underlying documents were forged or altered, a third party's false statement formed the basis of the disposition, or a material matter was omitted from judgment (Article 37(1) of the same Act and Article 12 of the Enforcement Decree of the same Act). An application is allowed only where you were unable, without gross negligence, to raise the ground in the earlier procedure (Article 37(2)), and must be filed within 60 days from learning of the ground and within 5 years from the disposition, so also organize materials showing the date you learned of the ground (Article 37(3)).
4. Prepare the application and submit it to the issuing agency
The application must state the applicant's name, date of birth, address and contact details (for a corporation or organization, its name, principal office location and representative's name), the content and date of the disposition subject to reexamination, and the grounds for reexamination, and must be submitted to the issuing agency with documents proving the grounds (Article 13(1) of the Enforcement Decree of the same Act). If supplementation is needed, the agency may request it within a period of up to 20 days (Article 13(2)).
5. Notice of the result and next steps
Unless there are special circumstances, the agency must notify the result within 90 days (180 days for a collegiate administrative agency) from receipt of the application, and may extend this once by up to 90 days (180 days for a collegiate administrative agency) for unavoidable reasons (Article 37(4) of the same Act). The supplementation period is not counted in this notice period (Article 13(3) of the Enforcement Decree), and a result maintaining the disposition cannot be challenged through an administrative appeal, administrative lawsuit or other dispute procedure (Article 37(5) of the same Act).
Required documents
- Application for reexamination of a disposition (no statutory attached form; prepared according to the items in Article 13(1) of the Enforcement Decree of the Framework Act on Administration)
- Copy of the disposition or notice of disposition subject to reexamination
- Documents proving the grounds for reexamination (new evidence, materials showing changed facts or legal relationships, etc.)
- Materials showing the date you learned of the ground (documents showing the issue or receipt date of the evidence, etc.)
- Written explanation of why the ground could not be raised in the earlier procedure
- Materials from earlier procedures such as prior opinion statements, objection applications or administrative appeal rulings (if any)
- Letter of authorization (if you entrust submission of the application)
Fees
The Framework Act on Administration and its Enforcement Decree do not set a separate fee for an application for reexamination of a disposition. Our office fee starts from the amount shown above and may vary depending on the type of disposition, the volume and scope of new evidence to be organized, and the scope of review of earlier procedure materials; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Framework Act on Administration, Article 37
- Framework Act on Administration, Article 36
- Framework Act on Administration, Article 2
- Framework Act on Administration, Article 30
- Enforcement Decree of the Framework Act on Administration, Article 12
- Enforcement Decree of the Framework Act on Administration, Article 13
Check these first
- A ground that you knew of but did not raise in the earlier disposition procedure or administrative appeal may be regarded as gross negligence, and the application may not be accepted, so explain specifically why the ground could not be raised earlier (Article 37(2) of the Framework Act on Administration).
- A reexamination result maintaining the disposition cannot be challenged again, so if the period for an administrative appeal has not yet expired, consider an objection or administrative appeal within that period rather than waiting for reexamination (Article 37(1) and (5) of the Framework Act on Administration).
Frequently asked questions
Can I still contest a disposition after the administrative appeal period has passed?
Can I apply for reexamination of a business suspension or a fine for negligence?
By when must I apply for reexamination of a disposition?
If the reexamination maintains the disposition, can I file an administrative appeal?
What is the difference between an objection and reexamination of a disposition?
Can I entrust an application for reexamination of a disposition to an administrative agent?
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.
