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  • Administrative trial
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Trials - Administrative trial

Administrative trials are intended to provide remedy to infringement upon the people’s rights and benefit arising from illegal administrative actions by administrative agencies or other government’s action or failure to take action, through administrative litigation procedure. It is a trial that seeks to resolve disputes relating to rights under public laws or the application of the law. Examples of administrative litigation cases are as follows: lawsuit to cancel tax assessment; lawsuit to cancel revocation/suspension of driver’s license; lawsuit against decision on payment under worker’s compensation insurance; lawsuit against the decision of Government Employee Pension Service; lawsuit against disciplinary decision against a government employee; lawsuit against cancellation/suspension of business permit; lawsuit against condemnation; and lawsuit against decisions by various other denials.

Deliberation and decision

The deliberation in an administrative lawsuit is in many ways similar to the deliberation method in civil litigation. However, unlike civil litigation, the burden of argument of facts and producing evidence lies not only with the parties but also the court, which can conduct examination of the evidence, and even decide on facts not asserted by the parties. The court has such discretionary power because the administrative litigation often involves matters pertaining to public good. The administrative lawsuits are filed against the administrative agency, unless the law provides otherwise. If the court deems the plaintiff’s claims to be of merit, it revokes the administrative decision or renders a decision that affirms the nullity of the administrative action. However, even if the plaintiff’s claims have merit, if it is deemed that the revocation of or modifying the administrative decision would not comport with the public good, the court may deny the plaintiff’s claims. As of now, it is not allowed to seek the administrative agency to take certain administrative action.