A civil servant may petition for deliberation pursuant to this Act against an administrative action, taken by the agency he/she serves or the Personnel Management Authority(hereinafter referred to as "the original action agency"),which, he/she thinks unlawful or obviously illegitimate and causes the infringement of his/her rights or interests. A civil servant who is not currently in office but claims for the damages based upon his/her original civil servant’s status has the same petition right.
The inheritors of a deceased civil servant may petition for deliberation pursuant to this Act when their property right derived from public law based upon the deceased civil servant’s status is infringed upon.

A civil servant whose rights or interests are encroached upon by the inaction or denial of the original action agency to his/her lawful application within the statutory period may file a petition for deliberation to require an administrative action or an administrative action with certain substances.
The period in the preceding paragraph not expressly stipulated in any other laws is 2 months from the agency’s receipt of the application.

In case that the period within which petition may be filed as informed by the original action agency is erroneous, the agency shall make a correction by way of a notice, and the statutory period therefore shall be calculated from the next day after the correction notice is served.
In case that the notification of petition period is not served or the erroneous notification is served without correction causing petitioner’s delay, the petition is deemed legally filed if filed within 1 year from the next day of the written notice of the original agency action served.

The identification of the original action agency shall depend on who issued the action notice at the time the action took place. However, if the administrative action is taken by the supervised agency ex officio and commands the inferior agency to execute, the supervised agency shall be the original action agency.

While the original action agency has been abolished or restructured, the agency taking over its duty shall be deemed as the original action agency.

A petition shall be filed within 30 days from the next day after the date which administrative action is served.
The period in the preceding paragraph shall be calculated from the original action agency’s receipt date of the written petition pleading.
If a petitioner erroneously files a petition with an agency other than the original action agency, the date which the agency received the petition at the first place shall be deemed as the date for filing the petition.

If a petitioner fails to file a petition within the period stipulated in the preceding Article as a result of act of god or other causes not attributed to her/him, he/she may request in writing, describing the reasons, the CSPTC for recovery within 10 days after the reasons were eliminated. However, it is not allowed to do so while the petition period has expired for more than 1 year.
One who requests for recovery shall take petition action required within the original period at the same time.

If a petitioner resides outside the area where the original action agency locates, the traveling period shall be added when calculating the statutory period unless there is a representative for the petitioner residing in the area where the original action agency locates and the representative may take petition action required during the period.
The regulation with respect to the traveling period stipulated in the preceding paragraph shall be promulgated by the CSPTC.

Unless otherwise provided by this Act, the Administrative Procedure Act shall apply mutatis mutandis to the matters related to date and period.

Anyone who could have undertaken obligation independently via conducting legal affairs has the capacity to petition for deliberation.
Anyone without capacity to petition for deliberation shall be represented by his/her legal representative.
Matters concerning the legal representation in a deliberation case shall be subject to the Civil Law.

If multiple parties jointly file petition for deliberation against an administrative action based upon the same kind of factual ground, they may select no more than three representatives. If no representative is selected, the CSPTC may notify them to select within a specific period. In the event of their failure to select any representative(s) within required period, the CSPTC may select the representative(s) ex officio.

The selection, replacement or variation of the representative(s) shall not take effect unless the CSPTC is informed and provided with proof of document.

Once the representative(s) is designated or assigned, the representative(s) will conduct a petition on behalf of all petitioners. However, the withdrawal of the petition is prohibited except for written consent(s) from all petitioners.
While there is more than one representative, any representative may independently conduct a petition on behalf of all petitioners.
The representing right of the representative(s) shall not be diminished due to the death, lack of capacity to conduct petition of other joint petitioners or the replacement of other petitioner’s legal representative(s).

A petitioner may authorize a person who is familiar with law or has legal expertise as agent. There are no more than three agents retained for each petitioner. The agent shall present the Power of Attorney to the CSPTC when he/she initially undertakes petition representation.
When the CSPTC regards the petition agent improper, it may prohibit the agency and notify the petitioner in writing.
The replacement, variation or dismissal of the agent(s) shall not take effect unless the CSPTC is notified in writing.
While the authorization is ceased by the agent, she/he shall continue to undertake necessary conduct to protect the rights or interests of the petitioner within 15 days after the intent to cease the authorization is expressed.

A petition agent may take all petition actions as authorized in a deliberation case. However, a special authorization is required to withdraw a petition for deliberation case.
While there are more than one petition agents, each may represent the petitioner independently.
An agent may still represent the petitioner independently in spite of the agent authorization against the rule stipulated in the preceding paragraph.
A petition agent’s statement of facts shall not take effectwhile the petitioner appears in person to revoke or correct it immediately.
The authorization of the petition agent shall not be extinguished due to the petitioner’s death, bankruptcy or lackof the legal capacity for petition.

A petitioner or his/her agent may be accompanied by an assistant to the place assigned by the CSPTC on the specific date with CSPTC’s permission.
If necessary, the CSPTC may also order the petitioner or his/her agent to be accompanied by an assistant to the assigned place.
The CSPTC may cease the permission or prohibit the continuation of assistance while the assistant as stipulated in the preceding two paragraphs is deemed improper by the CSPTC.
The statement made by the assistant appeared will be regarded as the same as made by the petitioner or his/her agent, while the statement is not revoked or corrected by aforesaid parties immediately.

The document(s) concerning a deliberation case shall be bound into file(s) by and under custody of the CSPTC.
In reviewing a deliberation case, the CSPTC shall assign staff member to produce a deliberation record attached to the file which may be supplemented with audio and video records. While the deliberation is processed via oral argument, the key points of the argument shall be produced and bound as an attachment of the deliberation record.

A petitioner or his/her agent may apply with the CSPTC for viewing, citing, photocopying or photographing documents in the files or for hand written copies, copies, citation of the documents by paying fees in advance. However, the application is limited to the extent necessary for protecting his/her legal interests.
The CSPTC shall not reject the application in the preceding paragraph unless there is the following circumstances:
1.The draft of a deliberation decision;
2.The documents of a deliberation decision for preparing or deliberating purpose;
3.The necessity to keep secret for any third party's legitimate rights or interests; or
4.The necessity to keep secret pursuant to other laws or based upon the public interests.
The standard of the fees stipulated in the Paragraph 1 shall be promulgated by the CSPTC.

A petition filing for deliberation shall have a petition pleading which specifies the following items and shall be signed by or bear the seal of the petitioner or his/her agent(s):
1.The name, date of birth, domicile or place of residence, and National Identification Number or identification document and number of the petitioner. While there is an agent, his/her name, date of birth, occupation, domicile, place of residence or place of office, and National Identification Number or identification document and number;
2.The agency where the petitioner serves, rank and grade of his/her position, etc;
3.The original action agency;
4.The petition claim;
5.The facts and reasons;
6.The evidence. If in the form of document, its photocopy or a hand written copy shall be appended;
7.The date of the administrative action served; and
8.The date of filing the petition.
A photocopy of the original administrative action shall be appended for filing a petition for deliberation.
A petition filed for deliberation pursuant toParagraph 1 ofArticle 26 shall identify the agency required to take action and date of application concerning Subparagraph 3 and 7 of Paragraph 1, with a photocopy of the original application, and the receipt certification of the agency being filed with the application.

A petitioner shall prepare a petition pleading and file it with the CSPTC for deliberation through the original action agency.
For the petition stipulated in the preceding paragraph, the original action agency shall review the legality and propriety of the original administrative action in advance. If it deems the petition is sustainable, the agency may voluntarily modify or revoke the administrative action and report to the CSPTC.
When the original action agency fails to modify or revoke the original administrative action according to the petitioner’s pleading within 20 days from the next day of the receipt of the pleading, the agency shall prepare a written defense and transfer all necessarily related documents to the CSPTC.
While the original action agency provides files and its defense, the agency shall send to the petitioner a copy of the written defense stipulated in the preceding paragraph.
When the petitioner files a deliberation petition with the CSPTC directly, the CSPTC shall deliver a photocopy or duplicate of the petition pleading to the original action agency pursuant to Paragraphs 2-4.

If the original action agency fails to do so within the period stipulated in Paragraph 3 of the preceding Article, the CSPTC may, ex officio or by the petitioner’s request, notify the original action agency to provide the relevant files within 15 days. In the event of the relevant files not provided within the period, the CSPTC may make a decision directly.

While a petitioner has expressed his/her objection against the original administrative action within the period stipulated in Paragraph 1of Article 30 to the original action agency or the CSPTC, it shall be deemed as filing the petition within the statutory period. However, the petition pleading shall be submitted within 30 days.

After filing a petition, the petitioner may withdraw the petition before the deliberation decision is served. After the withdrawal of the petition, it shall not be allowed to file the same petition.

When a petitioner passes away or becomes lack of legal capacity to conduct petition after the filing of the petition, the successor(s) or other person(s) who has the right to succeed the right or interest derived from the original administrative action pursuant to laws may assume the petitioner’s procedural right unless the assumption is of no legal interest derived from the deliberation decision or is prohibited by its nature.
In the event of the assumption stipulated in the preceding paragraph, the proof document of the succession right shall be provided to the CSPTC within 30 days from the occurrence of the succession fact.

When the CSPTC concludes that the petition pleading fails to comply with the required form and process but amendable, the CSPTC shall notify the petitioner to amend it within 20 days.

The decision for a deliberation case is made through document review.
The CSPTC may, if necessary, notify the petitioner or any third party with interest at stake to the designated place to state his/her opinion and to be inquired.
When the petitioner requests for stating his/her opinion with reasonable grounds, he/she shall be given the chance to appear at the designated place to state his/her opinion.

The CSPTC may assign the Vice Minister and the Commissioner(s) to hear the opinion of those parties appearing at the designated place pursuant to the preceding Article.

If necessary, the CSPTC may, ex officio or by petitioner’s request, notify the petitioner or his/her representative, agent or assistant and the staff assigned by the original action agency to conduct oral argument at the designated date and place.

The oral argument shall be administered by the Minister or his/her assigned Vice Minister or the Commissioner.

The procedure for oral argument are as follow:
1.The Minister or his/her assigned person states the summary of the case;
2.The petitioner or his/her agent makes factual and legal statement with respect to the case;
3.The original action agency makes factual and legal statement with respect to the case;
4.Relevant agency or person makes a statement;
5.The petitioner or the original action agency makes another statement or defense against the statement or defense of the opposition party;.
6.The CSPTC inquires the petitioner and the original action agency or other relevant persons; and
7.The petitioner makes a final statement.
While the content of oral argument is not fully complete, the oral argument may be resumed.

A petitioner may present the documentary evidence or other kind of evidence. However, while the CSPTC assigns a peremptory period to present the evidence, the evidence shall be presented in that specific period.

If necessary, the CSPTC may, ex officio or by the petitioner’s request, command the holder(s) of the document or other items to present them, which the CSPTC may take custody of such document or item.
The CSPTC may review the document or other items under the custody of a civil servant or a government agency.
The civil servant or government agency shall not decline the reviewing in the preceding paragraph unless against the national secrecy.

If necessary, the CSPTC may, ex officio, or entrust relevant agency, school, group or expert to, conduct investigation, test or inspection on necessary evidence or items.
The expenses in the preceding paragraph shall born by the CSPTC.
The result of the investigation, test or inspection pursuant to Paragraph 1 shall not be used by the CSPTC as the bases of an unfavorable deliberation decision against the petitioner unless the petitioner had been given the chance to express her/his opinion.
While the petitioner is willing to bear the cost arising from his/her request for the test, investigation or inspection, the CSPTC shall not deny the request without justification.
While the result of the test, investigation or inspection in the preceding paragraph is used as the bases of a favorable decision or judgment for the petitioner, he/she may request the CSPTC for reimbursement of necessary expenses within 30 days after the deliberation decision is final and binding.

An expert witness shall present his/her opinion via a written statement. The CSPTC, if necessary, may invite the expert witness to explain his/her opinion at the designated place.
While there are more than one expert witness, they may state one common opinion jointly. However, the CSPTC shall make the expert witnesses to state their own opinions separately if they are of different opinions.
While the relevant materials required for conducting the inspection are under the custody of the original action agency or the CSPTC, the CSPTC shall inform and permit the expert witness to use those materials. However, the CSPTC may set limitations on the extent and method for such use.

The original action agency shall present all relevant evidences as the bases of the administrative action to the CSPTC.
A petitioner or his/her agent may request for viewing, citing or photocopying the evidence materials in the preceding paragraph. The CSPTC shall not deny the request without justification.
The CSPTC shall specify the date, time, and place for viewing, citing or photocopying the evidence materials in Paragraph 1.

While a petitioner has objection(s) to the procedural decision made by the CSPTC during the deliberation procedure, he/she shall file an administrative lawsuit against the procedural decision along with the deliberation decision.

Whereas one of the following clauses is met in a deliberation case, the CSPTC shall make a decision of case not entertained:
1.A petition pleading is not in compliant with required form and process and not amendable, or is not amended, if amendable, after the expiration of a specific period designated to amend by notice;
2.A petition is filed after the expiration of the period stipulated by this Act, or its pleading is not supplemented in the specific period pursuant to the exceptional section of Article 46;
3.A petitioner without legal capacity to conduct petition without the representation of his/her legal representative, provided that a notification to amend has been given but failed to do so after the expiration of the specific period to amend;
4.A petitioner is ineligible for filing the petition;
5.The administrative action is no longer existed;
6.The same petition is repeatedly filed against a conclusive or withdrawn petition; or
7.A petition is filed against the matters beyond the scope of the petition remedies.
While a petitioner has recoverable legal interest arising from the revoking of the administrative action, the CSPTC shall not make a decision of case not entertained even under the circumstance stipulated in Subparagraph 5 of the preceding paragraph.
While a civil servant mistakenly files a petition for deliberation which should be an appeal or re-appeal case in the Subparagraph 7 of Paragraph 1, the CSPTC shall transfer it to the agency with jurisdiction of appeal to handle in accordance with appealing procedure and notify the civil servant, and shall not directly make a decision of case not entertained.

The CSPTC may consolidate and review several separate petitions based on the same or the same kind of factual and legal grounds and may make a consolidated decision for those petitions.

While a petition is without merits, the CSPTC shall dismiss it by a decision.
Although the original administrative action is made with improper reasoning, the petition shall be dismissed as without merits while there are other reasons to support the original administrative action.
While a deliberation case is related to the autonomous matters of local self-governing body, the CSPTC shall only review the legality of the original administrative action.

While a petition is not entertained because it is filed after the expiration of the statutory period, the CSPTC shall specify that the original administrative action is obviously illegal or improper in its reasoning for decision.

While a petition is sustainable, the CSPTC shall, within the scope of the objection expressed by the petitioner, either revoke the original administrative action in whole or in part by a deliberation decision, or the CSPTC may, based on the case background, remand it to the original action agency for another administrative action. However, within the scope of the objection expressed by the petitioner, the original action agency shall not take a new action less favorable to the interests of the petitioner.
While the original administrative action is remanded to the original action agency for another administrative action as provided in the preceding paragraph, the CSPTC may directly make a decision to modify the original administrative action in the event that the original action agency fails to do so accordingto the deliberation decision within the required period and the petitioner re-files a petition.

While the CSPTC concludes a petition, filed according to Paragraph 1of Article 26, is sustainable, it shall specify a period and command the agency that should have taken an administrative action in the first place to take a certain administrative action immediately.
The agency that should have taken an administrative action has taken an administrative action before the CSPTC has made the decision stipulated in the preceding paragraph, the CSPTC shall dismiss the petition as without merits by a decision.

After considering the damage suffered by a petitioner, the extent of the compensation, and the method of damage prevention and other relevant circumstances, the CSPTC may dismiss the petition while it concludes that the revocation or modification of the original administrative action is obviously against the public interest, even if the CSPTC also concludes that the original administrative action is unlawful or obviously improper and, the revocation or modification of the administrative action will cause serious damage to the public interest, the CSPTC shall expressly declare the original administrative action is unlawful or obviously improper in the holding of the decision stipulated in the preceding paragraph.

While the CSPTC makes the decision stipulated in the preceding paragraph, it may consider the damage suffered by the petitioner due to the unlawful or obviously improper administrative action and expressly declares in the reasoning of the decision that the original action agency shall negotiate for the compensation agreement with the petitioner.
The agreement stipulated in the preceding paragraph shall havethe same effect as the agreement in the State Compensation Law.

Within 3 months from the next day of the receipt of the defense from the original action agency, the CSPTC shall make the deliberation decision. The period shall be calculated from the next day after the defense is amended or, if not amended, after the expiration of a specific period designated to amend. While the petition pleading is supplemented within 30 days after the objection expressed by the petitioner, the period shall be calculated from the next day after the pleading is supplemented or, if not supplemented, after the expiration of a specific period designated to supplement. While the petitioner continues to supplement the reasons during the petition deliberation, the period shall be calculated from the next day after the last reason is supplemented.
While a petition is not decided within the period in the preceding paragraph, the period may be extended, provided that the petitioner has been notified. The period may can only be extended once with the maximum limitation of 2 months.

While a deliberation decision depends on the existence or non- existence of certain legal relations and such relations is pending in a litigation or administrative remedy procedure, the CSPTC may cease the deliberation procedure and immediately notify the petitioner before the legal relations have been confirmed.
While the CSPTC ceases the deliberation procedure stipulated in the preceding paragraph, the period to make the deliberation decision stipulated in the preceding Article shall be recalculated from the next day after the legal relationship has been confirmed.

A deliberation decision shall specify the following items:
1.The name, date of birth, the agency where the petitioner serves, title, domicile or place of residence, National Identification Number or identification document and number of the petitioner;
2.The petitioner with a legal agent or a petition agent , his/her name, date of birth, domicile or place of residence, and National Identification Number or identification document and number;
3.The holding, facts and reasoning. While it is a decision of case not entertained, the facts may be omitted;
4.The agency which makes the decision and its leading officer;
5.Year, month and date.
An official copy of the deliberation decision shall be served to the petitioner and the original action agency within 15 days after the decision is made.

While an objection may be expressed in accordance with laws against the deliberation decision of the CSPTC, the deliberation decision shall have an annexed statement of notification that, if there is an objection against the deliberation decision, the right to file for remedy with the judicial agency with jurisdiction shall be exercised in accordance with laws within 2 months fromthe next day after the decision is served.
While the annexed statement in the preceding paragraph is erroneous, a correction notice shall be served, and the statutory period shall be recalculate from the next day after the correction notice is served.
While the CSPTC fails to enclose in the statement a notification with respect to the remedy period or a notified period is erroneous and not corrected so that the petitioner fails to file for remedy within the period, the remedy shall be deemed as filed within the period stipulated in Paragraph 1 in case such a filing iswithin 1 year from the date after the deliberation decision is served.

While one of the following clauses is met, a petition will not be handled:
1.There is no concrete factual contents; or
2.There is no real name, the agency where the petitioner serves or place of residence.

To serve a person without legal capacity to conduct any petition action, instead, serve his/her legal agent.
While there is more than one legal agent, to serve one agent may do.

A service shall be made to a petitioner’s agent unless the authorization to receive a service is restricted. However, the service may be made to the petitioner when the CSPTC deems it necessary.

The documents for a petition for deliberation case shall be served via the delivery of postal service institutions with the postal service certification for deliberation case indicating domicile, place of residence or office of the petitioner or his/her representative or agent.
While the documents of a deliberation case are not served as stipulated in the preceding paragraph, the CSPTC may send its staff to serve or entrust the original action agency, or the agency where the civil servant serves to serve. A service certification shall be made by the one who carries out the service.
Article 67-69 and Article 71-83 of the Administrative Litigation Procedure Act shall apply mutatis mutandis to the service of the documents of a deliberation case unless otherwise stipulated in the preceding two paragraphs.