The purpose of administrative litigation is to protect the rights and interests of the people, to ensure that all administrative acts are carried out in pursuance of applicable laws and to enhance judicial functions.

Unless otherwise provided in applicable laws, an administrative litigation may be initiated in accordance with this Act for any and all disputes under the public law.

The administrative litigation mentioned in the preceding Article refers to a litigation of revocation, a litigation for a declaratory judgment, and a litigation demanding ordinary award or performance of certain obligations.

The phrase "High Administrative Court" referred to in this Act means the "High Administrative Litigation Division of High Administrative Court"; the term "District Administrative Court" referred to in this Act means the "District Administrative Litigation Division of High Administrative Court."

Anyone whose rights or legal interests were injured by a central or local government agency's unlawful administrative disposition is entitled to file a litigation of revocation with the administrative court, if the person has filed an administrative appeal in accordance with the Administrative Appeal Act and is not satisfied with the decision, or no decision has been made in response to the administrative appeal after a three-month period has elapsed, or after the period for rendering an administrative appeal decision has been extended for two months and such period has elapsed.
Where the administrative agency exceeded or abused its power in rendering the administrative disposition, the disposition shall be regarded as unlawful.
Anyone who has interests in the litigation other than the administrative appellant whose rights or legal interests were injured by a central or local government agency's administrative disposition as provided in Paragraph 1 is entitled to file a litigation of revocation with the administrative court.

Anyone whose rights or legal interests were injured by a central or local government agency's inaction to his/her application filed in accordance with applicable laws, while such action is required to be made within certain legally prescribed period, after going through the administrative appeal procedure, is entitled to file an administrative litigation to demand that the subject administrative agency render an administrative disposition or an administrative disposition with certain content.
Anyone whose rights or legal interests were unlawfully injured by a central or local government agency's dismissal of his/her application filed in accordance with applicable laws, after going through the administrative appeal procedure, is entitled to file an administrative litigation to demand that the subject administrative agency render an administrative disposition or an administrative disposition with certain content.

A litigation for a declaratory judgment confirming the invalidity of an administrative disposition or confirming the existence or nonexistence of a legal relation under the public law may not be initiated unless the plaintiff has immediate legal interests in demanding such judgment. The same rule shall apply to a litigation for a declaratory judgment confirming the invalidity of a disposition which has been executed and there is no possibility for restoration, or confirming the illegality of a voided disposition.
A litigation for a declaratory judgment confirming the invalidity of an administrative disposition may not be initiated unless an action to confirm the invalidity of the administrative disposition has been initiated with the original administrative agency which made the disposition but has not been granted or no response is given after a thirty-day period has elapsed after such action initiated.
A litigation for a declaratory judgment may not be initiated where the plaintiff may or is able to initiate a litigation of revocation or a litigation demanding performance of certain obligations or ordinary payment, except for a litigation for a declaratory judgment confirming the invalidity of an administrative disposition.
Where a litigation for a declaratory judgment confirming the invalidity of an administrative disposition was erroneously initiated while a litigation of revocation or a litigation demanding performance of certain obligations should have been initiated, if no administrative appeal procedure has been initiated, the administrative court shall transfer the case by a ruling to the agency with jurisdiction of administrative appeal; it shall be regarded that an administrative appeal has been filed at the time the complaints were filed with the administrative court.

Where an administrative litigation is initiated, a claim for damage award or other pecuniary award may be jointly raised in the same procedure.

A person is entitled to initiate a litigation demanding ordinary award or performance of certain obligations against the central or local government agency, either for pecuniary award arising from the grounds of public law, or for non-pecuniary award other than rendering an administrative disposition. The same rule applies to the award arising from a contract entered into under the public law.
Where the decision of the litigation demanding ordinary award or performance of certain obligations as provided in the preceding Paragraph is premised upon the determination as to whether the administrative disposition shall be revoked or not, the litigation shall be initiated jointly when a litigation of revocation is initiated pursuant to Paragraphs 1 and 3 of Article 4. Where the plaintiff fails to raise the claim, the presiding judge shall inform the plaintiff that the claim can be raised.

Where expressly stipulated in applicable laws, anyone is entitled to initiate an administrative litigation against an administrative agency's unlawful action for matters not related to his/her rights or legal interests.

Unless otherwise provided in applicable laws, an administrative litigation may be initiated in accordance with this Act for disputes arising from election and recall.

The provisions regulating litigation of revocation, litigation for a declaratory judgment, and litigation demanding ordinary award or performance of certain obligations shall apply mutatis mutandisto the litigations referred to in the preceding two Articles in accordance with their relevant characters.

When the decision of a civil or criminal proceeding is premised upon the determination as to whether the administrative disposition is invalid or unlawful, the decision shall be determined in accordance with the administrative proceeding.
Where the administrative proceeding as provided in the preceding Paragraph has commenced, the civil or criminal court shall stay its proceeding before the determination is made.

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)