An administrative appeal shall have an administrative appeal pleading which declares the following items and shall be signed or bear the seal of the administrative appellant or her/his representative:
1. The name, date of birth, domicile, or place of residence, identification number. While a legal entity or other organization with its administrator or representative, its name, office or business center address, and the name, date of birth, domicile or place of residence of the administrator or representative.
2. While there is an administrative appeal representative for the administrative appeal, her/his name, date of birth, domicile, or place of residence, and identification number.
3. The agency which the administrative action was made.
4. The claims of administrative appeal.
5. The facts and reasons for an administrative appeal.
6. The date of reception or acknowledge of the administrative action.
7. The agency with jurisdiction of administrative appeal.
8. The evidence. While it is a document form, a hand writing or copy shall be appended.
9. The year, month, and date of filing an administrative appeal.
To file an administrative appeal shall append a copy of the administrative action.
An administrative appeal pursuant to Article 2 Paragraph 1 shall identify the agency with the obligation to made the administrative action, date of filing, a copy for the original application and receipt certification of the agency with application, pursuant to Paragraph 1Clause 3, 6.

While the administrative appellant has expressed the objection of an administrative action in the period stipulated in Article 14 Paragraph 1 to the agency with jurisdiction of administrative appeal or the agency which the administrative action was made, it shall be deemed as filed an administrative appeal in the period stipulated by this Act. However, an administrative appeal pleading shall be presented to the agency within 30 days.

The administrative appellant shall prepare an administrative appeal pleading and file the administrative appeal to the agency which the administrative action was made to transfer to the agency with jurisdiction of administrative appeal.
The agency which the administrative action was made shall review the legality and propriety of the administrative action stipulated in last Paragraph in advance, and while the administrative appeal is sustainable, the agency may revoke or modify the administrative action and report to the agency with jurisdiction of administrative appeal.
When the agency which the administrative action was made refuse to revoke or modify the administrative action according to the administrative appellant’s application, the agency shall prepare an written answer promptly, and transfer all necessary related documents to the agency with jurisdiction of administrative appeal.

While the administrative appellant filed an administrative appeal to the agency with jurisdiction of administrative appeal directly, the agency shall deliver a copy of the administrative appeal pleading to the agency which the administrative action was made and dispose the administrative appeal according to last Article, Paragraph 2~4.

The administrative appellant may withdraw the administrative appeal before the administrative appeal decision has been served. While the administrative appeal has been withdrawn, to file a same administrative appeal by the administrative appellant shall not be allowed.

While the administrative appellant expressed an objection to the administrative action to an agency other than the agency which the administrative action was made or the agency with jurisdiction of administrative appeal, it shall be deemed as filed to the agency with jurisdiction of administrative appeal at the first place.
The agency which receive and process the administrative appeal stipulated in last Paragraph shall transfer the case to the agency which the administrative action was made within 10 days and notify the administrative appellant.

While the agency with jurisdiction of administrative appeal concluded that the administrative appeal pleading is not make in proper form or is defective in other respects but is supplementable, the agency shall assign a period of 20 days and notify the administrative appellant to supplement the administrative appeal pleading within such period.

An administrative appeal is a proceeding of paper review and without hearing.
When necessary, the agency with jurisdiction of administrative appeal may notify the administrative appellant, intervenor appellant, or third party with interest at stake to the place assigned by the agency to state her/his opinion.
When the administrative appellant or intervenor appellant file an application for stating her/his opinion with reasonable grounds, they shall be given the chance to appear at the place assigned by the agency with jurisdiction of administrative appeal to pose her/his opinion.

The chairman of the administrative appeal review committee may assign the commissioner(s) to hear the opinion of the administrative appellant, intervenor appellant, or third party with interest at stake who appears at the agency.

The agency with jurisdiction of administrative appeal may according to an application of the administrative appellant or intervenor appellant or when necessary, the agency may by its ex officio to notify the administrative appellant, intervenor appellant, or aforesaid parties’ representative(s), administrative appeal representative, assistant and staff assigned by the agency which the administrative action was made to proceed an oral argument at the assigned date and place.

The procedures of the oral argument are stipulated as follows:
1. The agency with jurisdiction of administrative appeal states the summary of the case.
2. The administrative appellant, intervenor appellant, or administrative appeal representative states the issue of fact and the issue of law.
3. The agency which the administrative action was made states the issue of fact and the issue of law.
4. The agency with jurisdiction of administrative appeal or the agency which the administrative action was made to state the opinion concerning the opposition parties or defense the statement or the defense of the opposition parties.
5. The agency with jurisdiction of administrative appeal to inquire the administrative appellant or the agency which the administrative action was made.
While the oral argument stipulated in last Paragraph is uncompleted, a secondary oral argument may be allowed.

The agency with jurisdiction of administrative appeal shall conduct evidence investigation, test, or inspection by its ex officio or upon a request to the relevant government agency or staff which is not bound by the administrative appellant’s allegation.
The agency with jurisdiction of administrative appeal shall investigate evidence based according to the application of an administrative appellant or intervenor appellant. However, the agency with jurisdiction of administrative appeal concluded that the application to investigate a specific evidence is unnecessary.
The result of the evidence investigation by the agency with jurisdiction of administrative appeal by its ex officio or according to one’s application shall not be used as the bases of an unfavorable decision against the interest of the administrative appellant, except that the administrative appellant and intervenor appellant had been given the chance to express her/his opinion.

The administrative appellant or intervenor appellant may present the documentary evidence or other evidence during the procedure. However, while the agency with jurisdiction of administrative appeal assigns a peremptory period to present the evidence, the evidence shall be presented in the specific period.

The agency with jurisdiction of administrative appeal may by its ex officio or according to the application of the administrative appellant or intervenor appellant to request the relevant government agency, school, organization or any individual with the expertise to conduct the examination.
While the agency with jurisdiction of administrative appeal concluded the examination is unnecessary and the administrative appellant or intervenor appellant is willing to bear the cost for the examination, the administrative appellant or intervenor appellant may apply for the examination and the agency with jurisdiction of administrative appeal may not reject the application without justification.
The expert witness shall be assigned by the agency with jurisdiction of administrative appeal.
While there are more than one expert witnesses, they may state one common opinion jointly, however that there are different opinions, the agency with jurisdiction of administrative appeal shall make them to state their own opinion independently.

The expert witness shall present her/his opinion via an examination statement. While the agency with jurisdiction of administrative appeal deems necessary, the agency may invite the expert witness to explain her/his opinion at the assigned place.

While the examination required the relevant materials under the possession of the agency which the administrative action was made or the agency with jurisdiction of administrative appeal, the agency with jurisdiction of administrative appeal shall inform and grant an permission to the expert witness to use those materials. However, the agency with jurisdiction of administrative appeal may set limitation in scope and method for such use.
Due to conduct the examination, the expert witness may request the agency with jurisdiction of administrative appeal to investigate the relevant evidence.

The cost of the examination shall be born by the agency with jurisdiction of administrative appeal, and such cost may be paid in advance upon the request of the expert witness.
While the administrative appellant or intervenor appellant has paid the cost for the examination according to Article 69 Paragraph 2, and the result of the examination has been used to as a base of a favored decision or judgment for the administrative appellant’s or intervenor appellant’s interest, the administrative appellant or intervenor appellant may file an application to the agency with jurisdiction of administrative appeal for reimbursement within 30 days after the administrative appeal or administrative litigation is conclusive and irrevocable.

The agency with jurisdiction of administrative appeal may by its ex officio or according to the administrative appellant or intervenor appellant’s application command a third party to present the document or other items, the agency may take custody of such document or item.
The agency with jurisdiction of administrative appeal may get a document or other items under the custody of an official or a government agency.
Unless the contents commanded by the agency with jurisdiction of administrative appeal as stipulated in last Paragraph is against the national secrecy, the official or government agency shall not refuse to present it.

The agency with jurisdiction of administrative appeal may by its ex officio or according to the application of the administrative appellant or intervenor appellant to conduct an inspection for the necessary item or place.
The agency with jurisdiction of administrative appeal shall notify the administrative appellant, intervenor appellant or relevant person to appear at the date, time, and place of the inspection according to last Paragraph.

The agency which the administrative action was made shall present all relevant evidences as the bases of the administrative action to the agency with jurisdiction of administrative appeal.
The administrative appellant, intervenor appellant, or administrative appeal representative may file an application for view, cite or copy for such evidence materials stipulated in last Paragraph. The agency with jurisdiction of administrative appeal shall not refuse without justification.
The agency with jurisdiction of administrative appeal shall specify the date, time, and place for the view, cite or copy for the evidence materials stipulated in Paragraph 1.

While the administrative appellant or intervenor appellant has objection(s) to the procedure decision made by the agency with jurisdiction of administrative appeal during the administrative appeal procedure, she/he shall consolidate the procedure decision and the administrative appeal decision to file an administrative litigation.

While one of the following clauses is met in an administrative appeal case, the agency with jurisdiction of administrative appeal shall make a decision of case not entertained:
1. An administrative appeal pleading is not in the legal form and is not amendable, or while it is amendable, but was not amended after the expiration of the specific period.
2. An administrative appeal was filed after the expiration of the period stipulated by this Act, or while the administrative appeal pleading was not supplemented in the period according to Article 57.
3. An administrative appellant is not qualified according to Article 18.
4. An administrative appellant without capacity to file an administrative appeal and undertake the administrative appeal conduct without her/his legal representative, provided that a notification to supplement has been given but failed to do so after the expiration of the specific period.
5. An autonomy, legal entity, non-legal entity undertook the administrative appeal conduct by person other than its administrator or legal representative, provided that a notification to supplement has been given but failed to do so after the expiration of the specific period.
6. The administrative action is no longer existed.
7. An administrative appeal is filed second time against a conclusive administrative appeal case or it is for which has been withdrawn.
8. An administrative appeal is filed against non-administrative action or other cases which are beyond the scope of administrative appeal remediless according to other Acts.

The agency with jurisdiction of administrative appeal may consolidate and review several separate administrative appeals and may make a consolidated decision, while they are filed as a base of the same or like fact or law.

While the administrative appeal is unsustainable, the agency with jurisdiction of administrative appeal shall dismiss the administrative appeal via an administrative appeal decision.
Even if the bases of the administrative action made by the agency which the administrative action was made is with improper reasoning; however, while there are other reasons to support the administrative action, the administrative appeal shall be dismissed as unsustainable.
While the administrative appeal is related to an autonomy’s self-government matters, the supervised agency with jurisdiction of administrative appeal shall only review the legality of the administrative action.

While the administrative appeal was rendered as a decision of case not entertained because it was filed after the expiration of the specific period according to this Act, but the administrative action is obviously illegality or impropriety, the agency which the administrative action was made or its supervised agency may by its ex officio to revoke or modify the administrative action. However, one of the following situations is met in which the agency shall not revoke or modify the administrative action:
1. The revocation or modification is against the public interest.
2. The reliance interest of the beneficiary of the administrative action required obviously more protection than the public interest derived from the revocation or modification as planned.
The reliance is not worth of protection while one of the following situations was met to the beneficiary of the administrative action:
1. To make the agency which the administrative action was made to issue an administrative action via using the method of falsity, threat, or bribery.
2. Intentionally present the untruth information for material factor or the statement omission partly to make the agency which the administrative action was made to issue the administrative action based on aforesaid factor or statement.
3. Acknowledge of the illegality of the administrative action or lack of such acknowledge due to gross negligent.
The reliance interest of the beneficiary of the administrative action shall be indemnified, while the administrative action was revoked or modified by the agency which the administrative action was made or it’s superior agency according to Paragraph 1. However, the amount of the indemnification shall not exceed the amount of the beneficiary interest while the administrative action was sustained.

While the administrative appeal is sustainable, the agency with jurisdiction of administrative appeal shall revoke the administrative action as a whole or a part by an administrative appeal decision, it may also, based on case background, make its own modification decision or remand to the agency which the administrative action was made for another administrative action. . However, in the scope of the objection which the administrative appellant expressed, the agency with jurisdiction of administrative appeal shall not make a modification or decision which is less favorable to the interest of the administrative appellant than the administrative action was sustained.
While the administrative appeal decision revoke the administrative action and remand to the agency which the administrative action was made for another administrative action, the agency with jurisdiction of administrative appeal shall specify a period for making such new administrative action.

While the agency with jurisdiction of administrative appeal concluded an administrative appeal which was filed according to Article 2 Paragraph 1 was sustainable, it shall specify a period and command the agency which the administrative action should be made at the first place to make a certain administrative action.
Before the agency with jurisdiction of administrative appeal has made the decision stipulated in last Paragraph, while the agency which the administrative action should be made has made an administrative action, the agency with jurisdiction of administrative appeal shall conclude the administrative appeal is unsustainable and dismiss it by a decision.

Even if the agency with jurisdiction of administrative appeal concluded that the administrative action was improper or unlawful, however, the revocation or modification of the administrative action will cause serious damage against the public interest, after considering the damage suffered by the administrative appellant, the extend of the compensation, and the method of prevention damage and other relevant circumstances, the agency may dismiss the administrative appeal while the agency concluded that the revocation or modification of the administrative action obviously against the public interest.
The agency with jurisdiction of administrative appeal shall declare the administrative action was unlawful or improper in the holding of the administrative appeal decision stipulated in last Paragraph.

While the agency with jurisdiction of administrative appeal make the decision stipulated in last Paragraph, it may consider the damage suffered by the administrative appellant due to the unlawful or improper administrative action and declares in the reasoning of the decision that the agency which the administrative action was made to negotiate agreement for the compensation with the administrative appellant.
The negotiation stipulated in last Paragraph shall have the same effect as the agreement in the Government Tort Claim Act.

Since the next day which the receipt of the administrative appeal pleading, the administrative appeal decision shall be made within 3 months which may be extended if necessary, provided that the administrative appellant and intervenor appellant were notified. The period can only be extended one time with two months limits.
The period stipulated in last Paragraph shall calculate from the next day when the administrative appeal pleading presented to the agency with jurisdiction of administrative appeal while according to Article 57, except the administrative appellant failed to present the administrative appeal pleading, the period shall calculate from the next day of the expiration date of period for presentation of an administrative appeal pleading. While the agency with jurisdiction of administrative appeal made a notification to supplement according to Article 62, the period shall calculate from the next day when the pleading has been supplemented, while failed to so, the period shall calculate from the next of the expiration date of period for submission of an administrative appeal pleading.

While the decision of the administrative appeal depends on the existence or non-existence of certain relationship of law, and such relationship of law is pending in an litigation or administrative remedy proceeding, before the legal relation has been affirmed, the agency with jurisdiction of administrative appeal may cease the administrative appeal proceeding and notify the administrative appellant and intervenor appellant immediately.
When the agency with jurisdiction of administrative appeal ceased the administrative appeal proceeding stipulated in last Paragraph, the period to make the administrative appeal decision stipulated in last Paragraph shall be recalculated from the next day after the relationship of law has been confirmed.

While the administrative appellant died during the proceeding, the successor(s) or other person(s) who has the right to succeed the right or interest derived from the administrative action according to Acts may assume the administrative appeal.
While a legal entity dissolved due to merger, the administrative appeal shall be assumed by the newly established or survived legal entity after the merger.
While the successor(s) assume the administrative appeal as stipulated in last two Paragraphs, the successor(s) shall present the certification of right succession upon death or fact of merge to the agency with jurisdiction of administrative appeal within 30 days which begin from the next day of the death or merger.

The assignee of the right or interest raised from the administrative action may present the assignation certification documents to the agency with jurisdiction of administrative appeal and file an application for the permission of assuming the administrative appeal.

The administrative appeal decision shall include the following items:
1. The name, date of birth, domicile or place of residence, identification number of the administrative appellant. While the administrative appellant is a legal entity or other organization with its administrator or representative, its name, office or business center address, and the name, date of birth, domicile or place of residence of the administrator or representative.
2. The administrative appellant with a legal representative or administrative appeal representative, her/his name, date of birth, domicile, or place of residence, and identification number.
3. The holding, facts and reasoning. While it is a judgment of case not entertained, the facts may be omitted.
4. The agency with jurisdiction of administrative appeal and its leading officer.
5. Year, month and date.
An official copy of the administrative appeal decision shall be served to the administrative appellant, intervenor appellant, and the agency which the administrative action was made within 15 days after the decision has been made.

The administrative appeal decision shall have a statement of notification for the right to file an administrative litigation to the administrative court within two months from the next day which the administrative appeal served.

While an administrative appeal decision is eligible to file an administrative litigation in which the statement of notification state the agency without jurisdiction of administrative litigation in mistake, and causes the plaintiff file an administrative litigation to the agency without jurisdiction, the agency shall transfer the administrative litigation pleading together with all relevant materials to the administrative court with jurisdiction and notify the plaintiff immediately.
While an administrative litigation pleading was filed to the agency without jurisdiction as stipulated in last Paragraph shall be deemed as filed to the administrative court with jurisdiction at the first place.

While the period to bring up an administrative litigation state in the statement of notification in the decision was in mistake, the agency with jurisdiction of administrative appeal shall issue a new notice to correct the mistake, and the period stipulated by this Act shall be recalculate from the date when the new notice was served.
While the agency with jurisdiction of administrative appeal failed to enclose a statement of notification according to Article 90 in the decision, or a period as state in the statement of notification in mistake was not corrected according to the last Paragraph, which cause the plaintiff failed to file an administrative litigation in the period, while such administrative litigation was filed in 1 year from the date when the administrative appeal decision was served, the administrative litigation shall be deemed as filed in the period stipulated by this Act.

The enforcement of an administrative action shall not be stopped by the commencement of an administrative appeal, provided that other Acts stipulated otherwise.
While the legality of the administrative action is obviously suspicious, or the execution will cause irreparable damage, there is urgent situation, and it is not necessary for protecting the important public interest, the agency with jurisdiction of administrative appeal or the agency which the administrative action was made may by its ex officio or according to one’s application to stop an enforcement as a whole or a part.
The administrative court may according to one’s application to stop an enforcement as stipulated in last Paragraph via adjudication as well.

While the reason to stop an enforcement of the administrative action was demolished , or there is a change in circumstance, the agency with jurisdiction of administrative appeal or the agency which the administrative action was made may by its ex officio or according to one’s application to revoke the stop enforcement adjudication.
The administrative court may according to one’s application to revoke the stop enforcement adjudication stipulated in last Paragraph.

When an administrative appeal decision is conclusive and irrevocable, for the subject matter, it shall bind all relevant agencies; and while an administrative appeal was filed according to Article 10, the decision will bind the legal entity or individual who is authorized to exercise power.

While the administrative action was revoked and remand to the agency which the administrative action was made to make an administrative action de novo, the agency which the administrative action was made shall make a new administrative action based upon the reasoning of the administrative appeal decision, and inform the agency with jurisdiction of administrative appeal with a written.