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Supreme Administrative Court

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Major Types of Administrative Litigation

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The Jurisdiction of Administrative Courts

For all disputes arising under public law, unless expressly provided otherwise by other statutes, administrative litigation may be initiated pursuant to the Administrative Litigation Act.

 

Major Types of Administrative Litigation

1. Actions for Revocation

A person who seeks to revoke an administrative act that restricts his freedoms or rights may bring an action for revocation. (§4 of Administrative Litigation Act)

2. Actions to Order Administrative Acts

A person who seeks administrative acts from administrative agencies that bestow on him or her benefits may bring an action to order administrative acts. (§5 of Administrative Litigation Act)

3. Actions for Declaration

Actions may be brought for declaration of the nullity of an administrative act, declaration of whether a certain legal relation under the public law does or does not exist, declaration that an administration act executed and irrevocable violates the law, or declaration that an administrative act not operative violates the law. (§6 of Administrative Litigation Act)

4. Actions for General Payment

Actions to general payment may be brought in administrative courts. Such actions include actions for the transfer of property interests for reasons that arise under public law between civilian and central or local agencies, actions for the performance of non-property matters that are not administrative acts, and actions for the performance of public-law contracts. (§8 of Administrative Litigation Act)

The Jurisdiction for Administrative Courts and Types of Litigation

  • Release Date:2021-04-25
  • Update:2023-11-17
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