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Laws and Regulations Retrieving System

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Title Administrative Procedure ActCH
Date 2021.01.20
Legislative 1.Promulgated by the Presidential Decree on February 3, 1999
2.Amended on December 27, 2000
3.Amended on June 20, 2001
4.Amended on December 28, 2001
5.Amended on December 28, 2005
6.Amended on May 22, 2013
7.Amended on December 30, 2015
8.Amended on January 20,2021
Content
Article 128
In any of the following circumstances, the person subject to an administrative disposition or a person affected thereby is entitled to apply to the administrative authority after the lapse of the statutory period of remedy, for withdrawal or revocation of or amendment to the administrative disposition. However, this does not apply where the person subject to the disposition or the affected person has failed to make a statement of his causes during the administrative or remedial procedure due to his gross negligence:
1. Where the facts on which an administrative disposition with continuous force was based has subsequently undergone changes to the advantage of the person subject to the disposition or the person affected thereby;
2. Where new facts have occurred or fresh evidence has been discovered; however, upon consideration, a more advantageous disposition is available [for the person subject to the disposition or the person affected thereby]; or
3. Where there are other causes similar to those set forth in the Administrative Proceedings Act for new trial, with sufficient impact on the administrative disposition.
An application under the preceding paragraph shall be filed within three months after the lapse of the statutory period of remedy. If the cause occurs or is known thereafter, the period shall begin from the time it occurs or is known; provided, however, that no application may be made upon the lapse of the statutory period of remedy for five years.
The new evidence in the first paragraph referred to the evidence that has existed or has established but not yet investigated before the disposition is made, and the evidence that exists or establishes after the disposition is made.
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