ACRC Witnesses 20.3% of Acceptance Rate of General Cases in Administrative Appeals This Year, A Record High in 20 Years

- Unfairness in addition to illegality are actively considered in general cases to protect citizens’ rights and interests -

- Cases involving the driver’s license are deliberated more closely since Yoon Chang-ho Acts took effect -

(19th Oct. 2021, ACRC)

The acceptance rate of general cases for administrative appeals reached 20.3% by the end of September this year, a record high in 20 years since 2001 when the number of cases filed for administrative appeals exceeded 10,000.

The Central Administrative Appeals Commission (CAAC) of the Anti-Corruption and Civil Rights Commission (Chairperson Jeon Hyun-Heui, ACRC) announced the acceptance rate of administrative appeal cases closed by the end of September this year.

<Acceptance rate of general cases in administrative appeals (%)>

If looking at the status of processing cases by category, in terms of general cases, a total of 3,964 cases has been closed by the end of September this year among which 502 cases were accepted, 1,972 were rejected, and 1,490 were dismissed, with a high acceptance rate of 20.3%, which is a dramatic increase from 14.3% in 2020.

A growth in the acceptance rate of general cases in administrative appeals was made possible as administrative appeals actively consider “unfairness” in addition to “illegality” of administrative measures, which means that administrative appeals are more comprehensive in protecting the rights and interests of the people as they consider not only the illegality of an administrative measure just as administrative litigations do, but also the unfairness of the measure.

On the other hand, with regard to cases on driver’s license, with the implementation of the Amendments to the Act on the Aggravated Punishment, etc. of Specific Crime, and Road Traffic Act (collectively referred to as “Yoon Chang-ho Acts”) in 2019 as well as the widespread condemnation against drunk driving in the society, the CAAC is maintaining its tendency toward thorough adjudication in cases seeking for relief from cancellation or suspension of driver’s license.

As to cases on cancellation or suspension of driver’s license, 9,515 cases were closed among which 721 were accepted, 8,623 were rejected, and 171 were dismissed, resulting in 7.7% of the acceptance rate. Regarding VA cases, out of 997 cases, 65 were accepted, 883 were rejected, and 49 were dismissed, leading to 6.9% of acceptance rate.

Min Seong-shim, Chief of Administrative Appeals Bureau said “administrative appeals are highly effective and efficient system in which citizens who suffer from illegal and unfair administrative measures taken by administrative agencies, such as the State or local government can have their rights and interests that have been violated protected easily and promptly. The recent increase in the acceptance rate in administrative appeals is very encouraging, given that victimized people do not have to reach out to the court after their case is accepted in an administrative appeal.”

She also added “the ACRC is going to be more proactive in protecting the rights and interests of the people by actively considering the unfairness of an administrative measure apart from the illegality, and promoting the mediation system.”