Administrative Law and Public Administration
Administrative Law and Public Administration
This domain tests Korean administrative law: the Administrative Basic Act, Administrative Procedure Act, Administrative Litigation Act, and State Compensation Act. Expect questions on lawful exercises of discretion, procedural fairness, and litigation deadlines.
Core rules
- Administrative acts must satisfy legality, proportionality, equality, and protection of legitimate expectations.
- Discretion is not unlimited; courts review abuse, deviation from customary practice, and failure to consider relevant facts.
- Procedural duties include giving reasons, prior notice, and an opportunity to submit opinions or attend a hearing when required.
- Revocation of an unlawful act differs from withdrawal of a lawful act; compensation may follow lawful withdrawal.
- A revocation suit must be filed within 90 days of knowing the disposition and within one year of the disposition itself. An administrative appeal has separate deadlines under the Administrative Appeals Act.
Worked example
A licensee learns on 10 March that her licence was revoked on 1 February. She wants to sue. The 90-day period runs from 10 March, so the outer date is 8 June; the one-year outer limit runs from 1 February. She must satisfy both. If she files on 9 June, the suit is time-barred even though the one-year limit has not expired.
Traps
Do not run both periods from the same event. 'Knowing' the act and the 'act' itself are different starting points. Do not assume a hearing is always required; it depends on the statute and the type of disposition. Proportionality is not a licence for courts to substitute their own policy choice.