Administrative action

Administrative actions (행정행위) shall be subject to relevant administrative law under the rule of law in Korea. As a matter of fact, the law of general administrative action that generally rules the legal relationship in terms of public law between an administrative body such as the State or public organization and a private individual does not exist. So general principle of control over administrative action is drawn merely through broad abstraction from various means of control over administrative action based on separate Acts or statutes.

Key words
administrative law, administrative action, administrative relief,

General regulations
Recently efforts to legislate a general regulation applicable to administrative action on the whole have produced tangible results to a certain extent. Legislations of administrative procedure, disclosure of administrative information and personal information protection system are at the center of the movement.

Even for information issues, a number of Acts are legislated, including the Framework Act on Information Technology Promotion, Act on the Relief of Information Gap, Information and Communications Construction Business Act, Act on the Protection of Information and Communications Infrastructure, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and so forth. In this information society, along with the issue of information disclosure, individuals' freedom of privacy, protection of secrecy and privacy rights is becoming important. In Korea, in accordance with privacy protection under the Constitution, the Act on the Protection of Personal Information Maintained by Public Institutions was enacted at the end of 1993, and has been in force since 1995.

On the other hand, there are many cases where the administrative power imposes certain obligation on nationals or prohibits certain acts for public interests. Concerning violation of such orders, prohibitions and so forth, various legal measures are permitted to the administrative power in order to secure their performance or to rectify the illegal status.

Compulsory execution in administration (Zwangsvollzug) refers to a measure that an administrative agency takes in case of delinquency of an obligation that is imposed under the administrative law based on an Act or statute or relevant disposition, in order to have the obligation performed or make a condition similar to the completion of performance by exerting emotional pressure or resorting to force on the obligor's physical body or property. The typical methods of compulsory execution in administration are vicarious administrative execution and forcible collection in administration (Zwangsbeitreibung).

Vicarious administrative execution is a compulsory method for delinquency of replaceable feasance obligation and is a usual compulsory method of administrative duties excluding monetary obligation, with the Administrative Vicarious Execution Act being its applicable Act.

The National Tax Collection Act is applied for forcible collection in administration where the administrative agency resorts to force on an obligor's property in order to make a condition similar to completion of performance of an obligation, when a monetary obligation under public law is not performed.

In regard to breach of duty in administration, there are no common provisions regarding general administrative law as sanctions imposed according to general sovereignty, and only individual special provisions in multiple administrative regulations exist.

Law of Police Administration
The Police limit people's natural freedom by force based on sovereignty of the State in order to maintain social stability and order. The Police Act provides the basis of the police organization. The Police Act was first enacted on May 31 1991 to stipulate on the basic structure and scope of duty of the police. Additionally, there are the Martial Law Act and the Garrison Decree for police organization in times of emergency. The Act on the Performance of Duties by the Police Officers has been enacted to prescribe duties for police officers so that they protect the people's freedom and rights as well as maintain public order. This Act extends the duties of the police officers from customary administrative ones to crime prevention, investigation and information gathering.

Law of Benefit Administration
Public Property Act defines legal regulations on particular tangible properties used directly for administrative purposes by administrative bodies such as the State or local governments. Public Property Act includes Acts that focus on ownership such as the State Property Act and Local Finance Act and Acts that focus on characteristics such as the River Act, Road Act, and Cultural Heritage Protection Act.
 * Public Property Act

The Public Enterprises Act sets out legal regulations for profit-seeking enterprises run directly by administrative bodies such as the State or local governments to promote public interest. The Public Enterprises Act consists of general laws that define the basic matters for managing and operating businesses run by juristic persons with special status such as the Framework Act on the Management of Government-Invested Institutions the Local Public Enterprises Act as well as individual laws such as the Electricity Business Act, the Water Supply and Waterworks Installation Act, the Urban Gas Business Act, the Postal Service Act, the Railroad Act, and the Bank of Korea Act.
 * Public Enterprises Act

The Article 35 of the Constitution stipulates the obligation of government to implement and improve social security, public assistance and social welfare in order to guarantee people's rights to a decent life. Multiple individual laws are enacted to fulfill this provision.
 * Law of Social Security Administration

Law of Public Charge
Public charge stands for economic burdens on each individual in order to carry out particular public works or to preserve effective value of particular goods. Public charge levied on individuals is compulsory when the person violates or restricts property rights. Therefore, public charges should have legal basis. Laws related to public charges include the Act on Acquisition of Land, etc and Public Works and the Act on Compensation and Local Autonomy. There are also multiple individual laws such as National Land Planning and Utilization Act, Road Act, Act on Urban Parks and Greenbelts, etc., River Act, Housing Construction Promotion Act, and Electricity Business Act.

Law of Regional Development and Environmental Administration
Regional development administration stands for administrative actions that form and maintain material environment of a certain area in order to improve the quality of living by employing land and unutilized resources more efficiently. Article 120, Section 2 of the Constitution provides legal basis for the regional development administration. Since 1970s, multiple individual laws have been enacted along with vigorous unfolding of regional development and land policies.
 * Law of Regional Development Administration

Regional development administration-related laws can be divided into three different categories:
 * - First, those related to national land development include Framework Act on the National Land, National Land Planning and Utilization Act, the Act on Special Measures for Overall Development Promotion in Specific Areas, Seoul Metropolitan Area Readjustment Planning Act, etc.
 * - Second, those related to location of industry include Industrial Sites and Development Act and Industrial Placement and Factory Construction Act.
 * - Third, urban planning-related laws include National Land Planning and Utilization Act, Urban Development Act, and Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

Based on the Article 35(1) of the Constitution, which states the nation's duty to protect and preserve environment, multiple environmental administration laws have been enacted. Therefore, the environmental administration laws include regulations that control contamination, protect environment, and improve environmental conditions.
 * Environmental Administration Laws

The environmental administration laws are a comprehensive set of public laws and regulations that guarantee the right to good environment, protects natural environment and living environment from damage and violation, and takes steps to recover environmental damage.

Framework Act on Environmental Policy was legislated in 1990 to present basic ideology and direction of environmental preservation measures, and to build rational interplay scheme among different environment-related laws. Thanks to the legislation, environmental areas such as air, water, noise, and vibration, originally regulated by one single law, began to be separately regulated by individual laws like Clean Air Conservation Act, Water Quality Conservation Act, and Noise and Vibration Control Act.

Currently, environment-related laws are still based on the Framework Act on Environmental Policy. In addition to the above-mentioned laws, there are multiple individual laws such as Toxic Chemicals Control Act, Wastes Control Act, the Act on the Disposal of Sewage, Excreta and Livestock Wastewater, Prevention of Marine Pollution Act, Act on the Control, etc. of Manufacture of Specific Substances for the Protection of the Ozone Layer, Act on Special Measures for the Punishment of Environmental Offenses, and Environmental Pollution Damage Dispute Mediation Act, which deals with giving relief to those who suffered from environmental contamination and related dispute resolution.

Law of Economic Administration
Economic administration laws regulate establishment and activities of administrative agencies that ensure, plan, manage, guide and promote economic activities. In addition, economic administration laws regulate the relationship between economically active population and the administrative authorities. Although there is no general law on economic administration, there are multiple individual laws to regulate various economic activities. Some prominent laws are Monopoly Regulation and Fair Trade Act, Price Stabilization Act, Unfair Competition Prevention Act, Securities and Exchange Act, Mining Industry Act, Fisheries Act, Banking Act, Bank of Korea Act, Framework Act on Small and Medium Enterprises, Consumer Protection Act, and Foreign Trade Act.

Law of Financial Administration
Financial administration is a function of acquisition/management/expenditure of revenues required for the existence and action of state or local government. It can be classified into state finance and local government's finance based on the entity; the former of which comprises National Finance Act, Framework Act on National Taxes, and State Property Act, and the latter of which comprises Local Finance Act, and Local Tax Act.

Administrative Relief Law
When an individual complains of a violation or potential violation of its rights and interests as a result of a certain Verwaltungshandeln - a civil law concept which may roughly be construed as a super-category of "action" as defined in U.S. Administrative Procedure Act Article 551(13) - it may request an award of damages, restitution, revocation or modification of Verwaltungshandeln at issue, or other remedies and preventions to an agency or a court. Then, an agency or a court will deliberate and decide on the merits of the case. This series of process called administrative relief is designed to protect private rights and interests from illegal Verwaltungshandeln, and it bears utmost importance for fundamental rights and substantial rule of law.

Ex-Ante Relief
Petition (Petition Act) and civil petition (Framework Act on Administrative Regulations, Civil Petitions Treatment Act) are typical machinery that prevents consequential infringements from illegal or unreasonable Verwaltungshandeln.

Civil petitions can be addressed to the Board of Audit and Inspection, Office of the President, or Prime Minister's Office, but the newly integrated Anti-Corruption and Civil Rights Commission serves as the primary body for dealing with complaints.

Ex-Post Relief
In broad sense, ex-post relief falls into two categories of administrative compensation and administrative dispute settlement. Administrative compensation is activated when actions of state or public organization entail damage or loss of individuals. Compensation for damages will be given to illegal acts, and compensation for loss will be given to legal acts under special circumstances. Torts liability of state and public organization is acknowledged under Article 29(1) of the Constitution, and State Compensation Act was enacted accordingly on 8 September 1951. State Compensation Act provides two tracks of liabilities, one for damages inflicted by illegal performance of public duties, and two for damages inflicted by public structures' (offentlichen Sachen; or domaine public) constructive or managerial defect.
 * Administrative Compensation

In addition, the Constitution prescribes a blanket provision on damage for loss in Article 23(3), and relevant legislations including Act on Acquisition and Compensation of Land, etc. for Public Works are in force.

The two-pronged mechanisms of deliberating and deciding on administrative disputes are identified by their governing body: an administrative appeal governed by an agency, and administrative litigation governed by the court.
 * Administrative Dispute Settlement

Often in statutory names such as 'objection', 'request for inspection', or 'request for judgment', administrative appeal refers to any kind of process deliberated by government agencies. Unless otherwise provided for by special enactments, the procedures of Administrative Appeals Act are to be applied. The Article 5 in force stipulates three of its kind: (i) appeals for revocation, (ii) appeals for affirmation of nullity, etc., and (iii)appeals for performance of obligation.

Meanwhile, administrative litigation refers to a formal trial initiated by filing a lawsuit on administrative legal disputes. Notwithstanding the structural similarity with civil lawsuits, the fact that its subjectmatter is a governmental power aimed at public interest calls for a distinctive regulation, the result of which are special provisions reflected in Administrative Litigation Act, although varying in scope and specificity. The Amendment featuring options in administrative appeals, establishment of administrative courts, adoption of dreiinstanzensystem, and adoption of writ of certiorari, was passed by the Assembly on 14th July 1994 and came into force on 1st March 1998.

The principle of the law in force is the subjective litigation (i.e. lawsuits designed to protect rights and interests of individuals or resolve public legal disputes) of appeal litigation(litigation for revocation, litigation for affirmation of nullity, etc., litigation of affirmation of illegality of omission) and party litigation, only allowing objective litigation(i.e. lawsuits designed to ensure legitimacy of administrative actions per se, irrespective of individual's rights and interests. Public litigation and agency litigation are available.), if provided otherwise.