Summary of Major Litigation Types
In addition to specific management methods in the litigation procedure, the types of litigation involve fast and efficient remedial measures that people can obtain. The major litigation types are as follows:
(1) Administrative Actions for Revocation (Article 4 of Administrative Litigation Act)
A person assuming that his/her rights or legal interests have been harmed may take actions for revocation when they are discontented with the decision of central or local organizations of administrative acts for violating laws after filing an administrative appeal, or when no decision has been made within three months after filing an appeal,nor during the two-month extension thereafter.
(2) Administrative Actions for Effecting (Article 5 of Administrative Litigation Act)
A person requests that an administrative court order administrative organizations to make an administrative acts or an administrative acts with a specific content.
(3) Administrative Actions for Declaration (Article 6 of Administrative Litigation Act)
An action for declaration of the nullity of an administrative acts or for a declaration of whether a legal relation of public law shall exist may not be initiated unless the plaintiff has immediate legal interests in demanding such judgment. The same rule shall apply to an action for a declaratory judgment confirming unlawful an administrative acts that has been executed and cannot be recovered, or a ceased administrative acts.
(4) Actions for General Payment (Article 8 of Administrative Litigation Act)
With a litigation for general payment of property interests arising from public law reasons,or for payments of non-property interests other than a petition for effecting an administrative act,may be initiated between a person and a central or local government agancy. The same shall apply to payment arising from a conlracl of public law.
(5) Actions for Public Interest (Article 9 of Administrative Litigation Act)
People may file an administrative litigation to accuse an administrative organization of violating laws to protect public interests which are not related to their own rights and legal interests. However, such action may be brought only when specifically provided by law.
- Release Date:2021-05-10