Administrative litigation is a complex and multi-faceted area of litigation that deals with disputes arising against administrative agencies instead of private parties. Applicable rules and regulations for administrative litigation proceedings range from legal statutes, enforcement decrees to municipal ordinances of local governments and directives of administrative agencies. Due to the complexity and broad spectrum of administrative law, there have been many cases where individuals or private companies have suffered unfavorable outcomes due to their inability to properly correspond to unfair administrative rulings as such individuals or private companies were unable to thoroughly comprehend the rules and regulations and/or the administrative procedures involved in an administrative litigation proceeding.
In addition, there are many instances where administrative agency examinations, approvals or authorizations are required for in different stages of businesses projects and without a sufficient review and preparation of the legal risks that may be involved in such stages, businesses are likely to face considerable delays or even cancellations due to unexpected administrative regulations.
The administrative litigation team of the Litigation & Arbitration Practice Group under the leadership of Mr. In Hyung Lee, a former Chief Judge in the Seoul Administrative Court, is comprised of attorneys with extensive experience and knowledge ranging from administrative rulings including general administrative, tax, construction, land expropriation, labor and other penalty surcharge administrative rulings to disputes relating to authorizations, approvals and licenses. Due to our effective system of cooperation and coordination with legal experts within our firm, our firm is well known for its success in advising the clients in groundbreaking administrative law cases while also providing swift and accurate solutions for the clients.
代表性案例
- Litigation seeking cancellation of administrative rulings on imposition of corporate tax, income tax, value added tax and local tax.
- Litigation seeking cancellation of administrative rulings on various sanctions imposed under environmental related laws.
- Litigation seeking cancellation of administrative rulings that imposed sanctions on companies that engaged in improper practices.
- Litigation seeking cancellation of administrative rulings on appointments ofpreferred bidders in private investment projects.
- Litigation relating to administrative rulings on reconstruction and/or redevelopment projects.
- Litigation relating to administrative rulings that imposed sanctions that resulted in construction business license cancellations and restrictions on parties’ eligibility to participate in biddings.
- Litigation seeking cancellation of administrative rulings that refused or canceled approvals or authorizations in accordance with land use plans.
- Litigation seeking land expropriation or compensation increases.
- Litigation seeking cancellation of administrative rulings that imposed charges for overpopulation related to development projects, contributions for development and contributions for increase in traffic.
- Litigation seeking cancellation of administrative rulings that imposed penalties levied by the Korean Fair Trade Commission.
- Litigation seeking cancellation of administrative rulings regarding suspension or cancellation of businesses.
- Litigation seeking cancellation of a retrial decision on relief for unfair dismissals.
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