Gyeonggi-do Extends Administrative Litigation Suspension Period by 30 Days... Expectation to Protect Residents' Rights

Gyeonggi Provincial Government Gwanggyo New Office Building

Gyeonggi Province will extend the suspension period of enforcement by 30 days even if the administrative appeal is dismissed, in order to minimize damage to residents.

The Gyeonggi Province Administrative Appeals Committee announced on the 27th that starting from the 1st of next month, it will improve the system by changing the suspension period of enforcement in the decision order from "until the decision is made" to "30 days from the date of the decision."

The suspension of enforcement is a system that temporarily suspends the effect of administrative actions such as business suspension or license cancellation received by the appellant from the administrative agency before the main judgment of the administrative appeal or administrative litigation, preventing significant damage that the appellant may suffer.

Until now, if the main administrative appeal was dismissed, even if the appellant filed an administrative lawsuit to contest the decision, the suspension of enforcement would end once the administrative appeal decision was delivered to the appellant, causing the effect of the disposition to be reinstated until the court's suspension of enforcement decision in the administrative lawsuit, resulting in a gap in rights protection.

By extending the suspension period of enforcement in the decision order to "30 days from the date of the decision," sufficient time will be granted to the appellant until the court's suspension of enforcement decision is obtained, which is expected to strongly protect the rights and interests of residents.

The province plans to apply the revised system to administrative appeal cases received from the 1st of next month.

Won Gongsik, the Administrative Appeals Officer of the province, emphasized, "This system improvement aims to extend the suspension period of enforcement for administrative appeal dispositions to protect residents' rights as much as possible," and added, "We will continue to strive to provide substantial rights protection for residents."