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Chapter II Administrative Disposition
Section 1 Formation of Administrative Dispositions
Article 92
The term "administrative disposition" in this Act denotes a unilateral administrative act with direct external effects, rendered by an administrative authority in making a decision or taking other actions within its public authority, in respect of a specific matter in the area of public law.
Where the persons subject to a decision or actions referred to in the preceding paragraph, although unspecified, are definable in light of their general characteristics, such a decision or action constitutes a general disposition, to which the provisions herein set forth with respect to administrative dispositions shall apply. The same applies to the creation and abolishment of and alteration to public property.
Article 93
Where an administrative authority is conferred with the power of discretion in rendering an administrative disposition, it may add provisions incidental thereto. If it has no discretion, incidental provisions may be added only if the addition of such provisions is explicitly permitted by law or if they are added for the purpose of ensuring that the legal requirements of the administrative disposition will be fulfilled, provided that such legal requirements are taken as terms of the incidental provisions.
The incidental provisions referred to in the preceding paragraph are:
1. Time limit;
2. Conditions;
3. Burden;
4. Reservation of the right to revoke the administrative disposition; and
5. Reservation for subsequent imposition of additional burdens or modifications thereto.
Article 94
No incidental provisions added pursuant to the preceding paragraph shall be contrary to the purpose of the administrative disposition rendered. In stead, they shall be properly and reasonably relevant to the purpose of the administrative disposition to which they pertain.
Article 95
An administrative disposition may be rendered in writing, orally or in any other form, unless the law requires that it must be formal.
In the case of an administrative disposition rendered other than in writing, the authority rendering the disposition may not refuse to have it made in writing if the person subject to it or a person affected thereby has a good cause to request so.
Article 96
An administrative disposition rendered in writing shall give the following particulars:
1. The name, date of birth, sex/gender, identification number, domicile or residence, and any other features for identification of the person subject to the disposition; if the person subject to the disposition is a juristic person or a body with a manager or representative, the name, business office or business establishment of such body, and the name, date of birth, sex/gender, identification number, and domicile or residence of such manager or represent;
2. The subject matter, facts, reasons and legal basis of the disposition;
3. Contents of the incidental provisions, if any;
4. The name of the authority rendering the disposition, with the signature and personal seal of its head officer, and also counter-signed by the agent or appointee, if any, of the authority; provided that, an administrative disposition made en masse by means of automatic machine may bear only the seal in lieu of the signature;
5. Reference number and date of the document; and
6. The statement to the effect that it is an administrative disposition and the means of remedy available in case of dissatisfaction with the administrative disposition, the time period within which remedy may be sought and the authority with which application for remedy must be filed.
The requirement set forth in the preceding paragraph shall apply mutatis mutandis to written dispositions made under paragraph 2 of the preceding article.
Article 97
In any of the following circumstances, no statement of reasons is required for an administrative disposition rendered in writing:
1. Where no restraint is imposed upon the right or interest of any person;
2. Where the reasons supporting the administrative disposition is known or knowable to the person subject to the disposition or the person affected thereby without the necessity for the authority rendering the disposition to make further explanations;
3. Where the administrative disposition is one of the same kind rendered en masse or by means of automatic machine, for which no statement of reasons is needed in light of the situation involved;
4. Where the disposition is a general disposition which has been announced by a public notice or has been published in a government gazette or newspaper;
5. Where the disposition is one that relates to examination, qualifying and appraisal procedure in respect of specialized knowledge, skills or qualification; and
6. Where it is prescribed by law that no statement of reasons is necessary.
Article 98
If the time period within which remedy may be sought as informed by the authority rendering the disposition is erroneous, the authority shall make a correction by way of a notice, and the statutory period therefor shall begin to run from the date following the date on which such notice is served.
If the time period within which remedy may be sought as informed by the authority rendering the disposition is longer than the statutory period, and the person subject to the disposition or a person affected thereby, having failed to file an application for remedy within the statutory period, has nevertheless done so within the period as informed by the authority in reliance upon the information given thereby despite a notice of amendment given by the authority, such application for remedy shall be deemed to have been filed within the statutory period.
If the authority rendering the disposition fails to give information of the time period within which remedy may be sought or the time period informed thereby is erroneous but has never been corrected, thereby resulting in delay in seeking remedy by the person subject to or any person affected by the disposition, a statement of dissatisfaction made thereby within one year after the written disposition was served shall be deemed to have been made within the statutory period.
Article 99
A statement of dissatisfaction with an administrative disposition filed with an authority without jurisdiction over the matter as a result of failure of the authority rendering the disposition to give information or the information given by such authority is erroneous, the authority [without jurisdiction] shall refer the matter to the competent authority within ten days and notify the party accordingly.
In the situation described in the preceding paragraph, the statement of dissatisfaction shall be deemed to have been filed ab initio with the competent authority.
Article 100
A written administrative disposition shall be served upon the person subject to the disposition and any person known to be affected thereby. For an administrative disposition in a form other than written, other appropriate means shall be taken to cause such persons to be notified or to make the disposition known to them.
Service of a general disposition may be effected by way of a public notice or publication in a government gazette or newspaper in lieu of actual service.
Article 101
In the case of any handwriting or typing error, miscalculation or any other similar apparent error occurring in an administrative disposition, the authority rendering the disposition may make amendment thereto at any time either on its own initiative or upon application therefor.
An amendment made under the preceding paragraph shall be marked down in the original copy of the written disposition and the authentic copy thereof. If it is impossible to do so, a written statement of amendment shall be made, and the person subject to the disposition and any person known to be affected thereby shall be notified in writing of such amendment.
Section 2 Statement of Opinions; Hearing
Article 102
An administrative authority shall, before rendering an administrative disposition to impose restraint on the freedom or right of a person or to deprive him of the same, give the person subject to the disposition an opportunity to state his opinions, unless a notice has been given to the person subject to the disposition under article 39 hereof to enable him to state his opinions or it has been decided that a hearing will be held, except where it is otherwise prescribed by law.
Article 103
No opportunity for statement of opinions is required to be given by an administrative authority in any of the following circumstances:
1. Where the disposition is one of the same kind rendered en masse;
2. Where the situation is so pressing that offering of an opportunity to state opinions will obviously be against the public interest;
3. Where limitation of the statutory period would make it obviously impossible to act accordingly even if an opportunity to present opinions were given;
4. Where the actions are taken in the course of administrative enforcement proceedings;
5. Where the facts based on which the administrative disposition is rendered are objectively clear enough to be firmly established;
6. Where the degree and extent to which freedom or right is restrained are obviously minor to the extent that there is no need to hear in advance the opinions of the person subject to the disposition;
7. Where the person subject to the disposition is required by law to file an application to an administrative authority for review, opposition, reexamination, reconsideration or any other prior proceeding before an administrative appeal may be instituted; or
8. Where the disposition is a preventive junction or a ne exeat republica issued legally for the purpose of preventing the person subject to the disposition from concealing or transferring his assets or absconding from the nation.
Article 104
When offering the person subject to the disposition an opportunity to state his opinions, the administrative authority shall give such person a written notice containing the following particulars and shall cause it to be published if necessary:
1. The name of the person subject to the disposition and his place of domicile or residence and business office or business establishment;
2. The cause in fact for and the legal basis on which the administrative disposition restraining or taking away particular freedom and right is rendered;
3. Explanation to the effect that a written statement may be presented under article 105 hereof;
4. The time limit within which the written statement, if any, must be presented and the consequence of non-presentation of statement;
5. Other matters as may be necessary.
The administrative authority may notify orally the person subject to the disposition of the particulars required by the preceding paragraph and keep a record thereof, which shall be read to or by the person subject to the disposition and then signed by or affixed with the personal seal of the person. If the person subject to the disposition refuses to sign or affix his personal seal on the record, it shall be so noted.
Article 105
A person subject to the administrative disposition who presents a written statement under the preceding article shall state therein the facts and his point of law.
An affected person is likewise entitled to present a written statement of the facts and his point of law; provided that he shall give full explanation of his interest in the administrative disposition for which he is related.
Failure to produce written statement within the specified period shall be deemed to be a waiver of the opportunity to make statement.
Article 106
The person subject to an administrative disposition or a person affected thereby may present to the administrative authority within the time limit specified by article 104, paragraph 1, subparagraph 4, an oral statement of his opinions in lieu of written statement.
The administrative authority shall enter into record the opinions presented orally, which shall be read to or by the person making the statement and then signed by or affixed with the personal seal of such person upon his confirmation that the record is free of errors. If the person refuses to sign or affix his seal on the record, it shall be so noted. In the case of any objection raised by the person making the statement, the record shall be corrected.
Article 107
In any of the following circumstances, the administrative authority shall hold a hearing:
1. Where the law requires explicitly the holding of a hearing; and
2. Where the administrative authority considers it necessary to hold a hearing.
Article 108
In rendering an administrative disposition based upon a hearing, the administrative authority shall, in addition to acting in compliance with article 43 hereof, take into consideration the entire result obtained from such hearing; provided that a disposition shall be rendered according to the minutes of the hearing if it is expressly required so by law.
An administrative disposition rendered pursuant to the preceding paragraph shall be made in writing, and the party thereto shall be notified accordingly.
Article 109
In the case of dissatisfaction having been raised against the administrative disposition rendered pursuant to the preceding article, no administrative appeal or other prior proceedings are required for the purpose of institution of an administrative remedial proceeding in relation thereto.
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.