Whether or not the period of release has expired in the administrative appeal is subject to confession.

Whether the period of release under Article 18 (1) of the Administrative Appeals Act has expired is a matter of ex officio investigation by the court as a litigation requirement and there is no application of confession.

Article 26 of the Administrative Litigation Act

Plaintiff

Head of a Si/Gun

Gwangju High Court Decision 87Gu59 delivered on October 15, 1987

The judgment below is reversed and the case is remanded to the Gwangju High Court.

As to the Plaintiff’s ground of appeal:

The court below rejected the lawsuit of this case on the ground that the defendant had notified the plaintiff on December 12, 1986 when the plaintiff filed an administrative appeal with the superior Governor of Jeollabuk-do regarding the disposition of revocation of the automobile transportation business license, and that the plaintiff had filed an administrative appeal with the Governor of Jeollabuk-do for the above disposition of revocation with the lapse of the period of 60 days under Article 18 (1) of the Administrative Appeals Act on the premise that it was February 13, 1987.

However, according to the response of the head of the Si/Gun without the authority of a party member, it is evident that the Plaintiff filed an administrative appeal on February 10, 1987. If so, it is apparent that the Plaintiff had made the period for filing an administrative appeal. As the Plaintiff was, whether the date of filing an administrative appeal was recognized as February 13, 1987 as the date of filing an administrative appeal, but the period of release has expired is an ex officio investigation by the court, and the confession is not applicable as a litigation requirement. The lower court committed an error of law by misapprehending the legal principles on ex officio examination and failing to exhaust all necessary deliberations

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon In-bok (Presiding Justice)