Chapter II Administrative Disposition
Section 3 The Effect of Administrative Disposition
Article 110
An administrative disposition in writing shall take effect with respect to the person subject to the disposition and any known affected person, and an administrative disposition rendered other than in writing shall take effect with respect to such persons, as of the time when served upon or otherwise notified or made known to them, as the case may be, to the extent of the contents of the administrative disposition as served or otherwise notified or made known to them.
A general disposition shall take effect as of the date of announcement by public notice or the last day of its publication in a government gazette or a newspaper, unless a different date is specified in the disposition.
An administrative disposition shall remain to be effective until it is withdrawn or annulled or is made ineffective by any other reason.
A void administrative disposition shall have no force and effect ab initio.
Article 111
An administrative disposition shall be void under any of the following circumstances:
1. Where the authority rendering the disposition is not known from the disposition in writing;
2. Where no certificate is issued despite the requirement that the disposition be rendered in the form of a certificate;
3. Where the contents of the disposition is impossible to be materialized for anybody;
4. Where the act demanded or permitted by the disposition constitutes the commission of an offense;
5. Where the contents of the disposition are against the public order or good morals;
6. Where the disposition is rendered without authorization to the extent of violation of law or regulation with respect to exclusive jurisdiction or is rendered without the power of managing affairs; and
7. An administrative disposition with other material and apparent defects.
Article 112
An administrative disposition that is partly void does not affect the validity of the remaining part; provided that, if the administrative disposition would not have been made without the part that is void, it shall be null and void in its entirety.
Article 113
An administrative authority is entitled to determine ex officio the invalidity of an administrative disposition.
Where the person subject to the administrative disposition or a party affected thereby applies with a good cause for the determination on the invalidity of an administrative disposition, the administrative authority rendering the disposition shall determine whether the disposition is effective or ineffective.
Article 114
An administrative disposition rendered in contrary to the required procedure or form is amendable by the taking of one of the following actions unless it is void under article 111 hereof:
1. Where the party has subsequently filed an application with respect to an administrative disposition which may be rendered only upon application;
2. Where the reasons required to be given has been stated subsequently;
3. Where the party has been given subsequently the opportunity to present his opinions as required;
4. Where the committee required to participate in the rendering of the administrative disposition has subsequently adopted a resolution thereon; and
5. Where the other authorities required to participate in the rendering of the administrative disposition have subsequently taken part therein.
The acts of amendment under subparagraphs 2 through 5 of the preceding paragraph may be done only before the administrative appeal procedure is concluded; if no administrative appeal procedure is required, such acts of amendment may be effected only before a suit is filed at the administrative court.
Where a party is rendered impossible of filing a statement of dissatisfaction within the statutory period as a result of such acts of amendment, the delay so caused shall not be deemed to be an event attributable to the party, and the period for restoration to the status quo ante shall run from the time the defect was amended.
Article 115
An administrative disposition contrary to the provision with respect to territorial jurisdiction does not need to be withdrawn if the authority having jurisdiction would have to render the same disposition on the matter, unless it is void per se under subparagraph 6 of article 111.
Article 116
An administrative authority may convert an unlawful administrative disposition into another administrative disposition that meets the same substantive and procedural requirements as the original administrative disposition; provided that, no conversion may be made if the administrative disposition comes under any of the following circumstances:
1. Where the unlawful administrative disposition is irrevocable under the proviso to article 117;
2. Where conversion is inconsistent with the purposes for which the original administrative disposition is rendered;
3. Where conversion would result in legal consequences even more disadvantageous to the party.
A strict disposition may not be converted into a discretionary disposition.
The administrative authority shall offer the party an opportunity to state his opinions before conversion of a disposition, unless there exists any of the circumstances specified in article 103 hereof.
Article 117
The authority rendering an unlawful administrative disposition may withdraw ex officio the disposition in whole or in part upon the lapse of the statutory period of remedy; the same may be done by its superior authority; provided, however, that no withdrawal may be made under any of the following circumstances:
1. Where withdrawal will result in serious jeopardy to the public interest;
2. Where the beneficiary has not done any of the acts specified in article 119 hereof, making him deserves no protection of his reliance, and the benefit granted him by the administrative disposition because of his reliance is obviously greater than the public interest intended to be protected by way of withdrawal of the disposition.
Article 118
An unlawful administrative disposition shall become null and void retroactively upon withdrawal; provided that, a different date of annulment may be specified by the authority ordering the withdrawal for the purpose of protecting the public interest or preventing property loss of the beneficiary.
Article 119
A beneficiary who has done any of the following acts deserves no protection of his reliance:
1. Causing the administrative authority to render an administrative disposition by way of fraud, coercion or bribery;
2. Furnishing incorrect information or making incomplete statement, thereby causing the administrative authority to render an administrative disposition based on such information or statement; and
3. Having knowledge that the administrative disposition is unlawful or failing to know that it is unlawful due to his gross negligence.
Article 120
Where an unlawful administrative disposition granting benefits is withdrawn and the beneficiary granted such benefits has not done any of the acts specified in the preceding article to make him deserves no protection of his reliance, he is entitled to a compensation to be paid by the authority ordering the withdrawal for his property loss which he has suffered as result of his reliance upon the disposition.
The amount of compensation to be paid under the preceding paragraph shall not exceed the amount of the benefits obtainable by the beneficiary should the disposition survive.
In the case of a dispute arising out of or in connection with the compensation or if the person subject to the disposition is dissatisfied with the amount of compensation, he may file with the administrative court an action for performance.
Article 121
The power to withdraw under article 117 hereof is exercisable within two years from the date on which the authority rendering the disposition or its superior authority becomes aware of the existence of a reason for withdrawal.
The right to claim for compensation under the preceding article is extinguished by prescription if not exercised within two years from the date the [beneficiary] is informed by the administrative authority of such matter; the same applies if not exercised within five years from the date the disposition is withdrawn.
Article 122
A lawful, non-beneficial administrative disposition may be revoked in whole or in part by the authority rendering the disposition by virtue of its powers, except where an alternative disposition of the same substance shall be rendered or the disposition is irrevocable by law.
Article 123
A lawful, beneficial administrative disposition coming under any of the following circumstances may be revoked in whole or in part by the authority rendering the disposition by virtue of its powers:
1. Where revocation is permitted by law or regulation;
2. Where the authority rendering the disposition has made a reservation of the power to revoke the administrative disposition;
3. Where the beneficiary fails to perform his burden imposed by the administrative disposition;
4. Where the law or regulation or the facts based on which the administrative disposition was rendered has undergone changes to the extent that the disposition would result in detriments to the public interest if not revoked; and
5. Where revocation is intended to prevent or eliminate material detriments to the public interest.
Article 124
Revocation under the preceding article shall be made within two years from the occurrence of the cause of revocation.
Article 125
A lawful administrative disposition shall become ineffective as of the date of its revocation or a later day as may be specified by the authority ordering the revocation; provided that, revocation of a disposition as a result of the failure of the beneficiary to perform his burden may be rendered ineffective retrospectively.
Article 126
Where a lawful, beneficial administrative disposition is revoked by the authority rendering the disposition under subparagraphs 4 and 5 of article 123, the authority shall pay the beneficiary a reasonable compensation for his property loss which he has suffered due to his reliance upon such disposition.
The provisions of article 120, paragraphs 2 and 3, and article 121, paragraph 2, shall apply mutatis mutandis to the compensation payable under the preceding paragraph.
Article 127
Where an administrative disposition which grants benefits by providing one-time or consecutive payment of money or delivery of divisible things becomes ineffective retroactively in consequence of withdrawal, revocation or fulfillment of specific condition,the beneficiary is obligated to return anything and everything he has received by virtue of the disposition. The same applies where the administrative disposition is firmly determined to be of no effect.
With respect to the extent of restitution to be made under the preceding paragraph, the provisions set forth in the Civil Code relating to unjust enrichment shall apply mutatis mutandis.
When an administrative authority requests restitution under the preceding two paragraphs, it shall specify the scope of the restitution in a written administrative disposition, and order the beneficiary to comply within a prescribed period.
The administrative authority shall not refer the case for administrative execution before the preceding administrative disposition is final and irreversible.
Article 128
In any of the following circumstances, the person subject to an administrative disposition or a person affected thereby is entitled to apply to the administrative authority after the lapse of the statutory period of remedy, for withdrawal or revocation of or amendment to the administrative disposition. However, this does not apply where the person subject to the disposition or the affected person has failed to make a statement of his causes during the administrative or remedial procedure due to his gross negligence:
1. Where the facts on which an administrative disposition with continuous force was based has subsequently undergone changes to the advantage of the person subject to the disposition or the person affected thereby;
2. Where new facts have occurred or fresh evidence has been discovered; however, upon consideration, a more advantageous disposition is available [for the person subject to the disposition or the person affected thereby]; or
3. Where there are other causes similar to those set forth in the Administrative Proceedings Act for new trial, with sufficient impact on the administrative disposition.
An application under the preceding paragraph shall be filed within three months after the lapse of the statutory period of remedy. If the cause occurs or is known thereafter, the period shall begin from the time it occurs or is known; provided, however, that no application may be made upon the lapse of the statutory period of remedy for five years.
The new evidence in the first paragraph referred to the evidence that has existed or has established but not yet investigated before the disposition is made, and the evidence that exists or establishes after the disposition is made.
Article 129
If the administrative authority considers the application filed pursuant to the preceding article to be legally grounded, it shall withdraw, revoke or amend the disposition as the case may require; if it considers the application to be groundless or if, notwithstanding any cause for re-opening the procedure, the disposition is deemed to be appropriate, it shall reject the application.
Article 130
After an administrative disposition is firmly withdrawn or revoked or is nullified by any other reasons, if it is necessary to call back any certificate issued or article furnished by virtue of the disposition, the administrative authority is entitled to order that such certificate or article be returned by the owner or possessor thereof.
In the situation described in the preceding paragraph, the owner or possessor may request that the certificate or article be marked as cancelled by the administrative authority and returned to the owner or possessor, unless the article is of such a nature that no cancellation mark can be affixed thereon or such a cancellation mark will not be legible or long-lasting.
Article 131
Unless otherwise provided by law, where the claimant is an administrative authority, a right of claim under public law is extinguished by prescription if not exercised within five years; unless otherwise provided by law, where the claimant is the people, a right of claim under public law is extinguished by prescription if not exercised within ten years.
A right of claim under public law is extinguished ipso facto upon completion of the prescription.
The prescription mentioned in the preceding paragraph is interrupted by an administrative disposition rendered by the administrative authority for the purpose of exercising such a right.
Article 132
Where an administrative disposition is made ineffective retroactively in consequence of withdrawal, revocation or by any other reasons, the prescription that was interrupted [by the rendering of such administrative disposition] shall be deemed not to have been interrupted as of the time when the disposition is made ineffective.
Article 133
The prescription which was interrupted by the rendering of an administrative disposition shall recommence to run from the time when the administrative disposition is finalized without any right to apply for withdrawal or is made ineffective by any other reason.
Article 134
In he case of a claim of which the prescription was interrupted by the rendering of an administrative disposition, if the period of prescription left over after the administrative disposition is finalized without any right to apply for withdrawal is less than five years, the period of prescription that shall recommence to run because of the interruption shall be five years.