Improving Transparency and Access to Administrative Appeals (KR0066)

How the Commitment Came to be

- Received proposal through public/government contest ( October 11 to November 14, 2022 )
- Selected as a commitment during the Anti-corruption Subcommittee meeting ( March 17, 2023 )
- Development of draft by the Anti-corruption Subcommittee meeting ( April 21, 2023 )
- Discussed during the Government-Civil Joint meeting ( April 28, 2023 )
- Discussed during Open Government Week ( May 10, 2023 )
- Up for Public Feedback (Innovation 24 OGP Discussion Board) ( June 26 to July 9, 2023 )

Background

There are difficulties for the public in filing claims when seeking redress for rights or interests infringed by an administrative agency's misconduct or unfair disposition or omission, and it is necessary to implement open government by strengthening information disclosure.

Details of the Commitment

Establish LegalTech* EASY Administrative Appeals System, including autofill request form service and provision of customized cases to expand participation in administrative appeals.
* An online service that combines law and technology

1 Open and expand data Convert administrative appeals data into machine-identifiable data and expand the number of disclosures to realize an open government that transparently discloses information.

2 Provide customized cases Provide customized cases similar to each claimant’s situation by analyzing misconduct and unfair administrative agency decisions and past completed cases.

3 Autofill Request Form Service Utilize administrative appeal decision data and provide auto-completion services based on the standard format of administrative appeal petitions and applications to make it easier for people who have difficulty filling out petitions to use the system. Implement a one-stop administrative appeals service to expand the number of organizations covered by the EASY Administrative Appeals Service. - Expand disclosure of decisions and facilitate the filling in forms of requests and applications by integrating the online channels of 123 administrative appeals organizations, including general and special administrative appeals, into EASY Administrative Appeals.

Potential for Result

Expand the disclosure of administrative appeals decision data to make it easier for the public to understand what constitutes misconduct or unfair administrative action and what to prepare and argue in order to file a claim.

Milestone Activity with a Verifiable Deliverable | Start - End

Build and launch EASY Administrative Appeals service (1st opening) ※ 51 agencies including the Central Administrative Appeals Commission, city/provincial administrative appeals commissions, etc | July 1, 2022 - June 30, 2023

BPR･ISP･ISMP for implementing a one-stop administrative appeals service ※ Prepare a strategic informatization plan and implementation roadmap to integrate scattered online administrative appeals channels and open and expand big data for administrative appeals decisions | February 23, 2023 - August 21, 2023

Build a one-stop administrative appeals system ※ Integrate 123 online administrative appeals systems, establish a big data database, and lay the groundwork for disclosing decisions by type of misconduct or unfairness | January 1, 2024 - June 30, 2025

Expand EASY Administrative Appeals service (2nd opening) ※ Expand disclosure of big data about decision by type of misconduct or unfairness | July 1, 2025 - December 31, 2025

Action Plan Review

General Administrative Appeals Division of the Anti-Corruption and Civil Rights Commission, Administrative Appeals Integrated Planning Task Force

For a complete description of the commitment, see Commitment 2 in the Republic of Korea’s 2023–2027 action plan: https://www.opengovpartnership.org/documents/republic-of-korea-action-plan-2023-2027-june.

Context and objectives

This commitment aims to facilitate and expand the use of Korea’s administrative appeals system, which is one of the government’s policy tasks. [16] The ACRC proposed its inclusion in the OGP action plan with support from all civil society members of the OGC Anti-Corruption Subcommittee. Administrative appeal is governed by the Constitution of the Republic of Korea and Administrative Appeals Act. Administrative appeals are one of the three channels by which people can seek to remedy the violations of their rights or interests by administrative agencies—the two others being civil complaints and administrative litigation. Unlike civil complaints, rulings on administrative appeals are legally binding on administrative agencies. Compared to administrative litigation, administrative appeals are widely regarded as being simpler, quicker, and cheaper. [17] The average processing period for administrative appeals is 60 to 90 days, compared to the average 289 days it takes for administrative litigation to reach first trial stage. [18] Moreover, unlike administrative litigation, administrative appeals examine not only illegality but also unfairness. Of all administrative appeals in 2022, there were 21,450 general cases with an 8.6% success rate [19] and 10,373 tax adjudication cases with a 12% success rate. [20]

Potential for results: Substantial

Despite offering a relatively timely and effective channel for civil rights remedy, citizens find it challenging to navigate the system of 123 administrative appeal bodies. There are 57 general administrative appeal bodies subject to the Administrative Appeals Act (the Central Administrative Appeals Committee and municipal and provincial administrative appeals committees). Furthermore, there are 66 special administrative appeal committees for administrative dispositions that require a high degree of specializations and operate under specialized laws, like the Board of Audit and Inspection, National Intelligence Service, National Election Commission, National Human Rights Commission, Tax Tribunal, Customs Examination Committee, Patent Trial and Appeal Board, Faculty Appeal Review Committee, Health Insurance Dispute Mediation Committee, Central Land Expropriation Commission, and Central Labor Relations Commission. [21] In order to file an administrative appeal, citizens must select the appropriate agency and comply with all of the relevant procedures – which differ from agency to agency and can be technically challenging for non-legal experts.

To address these challenges, this commitment aims to roll out EASY Administrative Appeal, a big data-driven one-stop administrative appeals system, in two phases. The first was launched in December 2022, integrating 57 general administrative appeals agencies. Appeals for any of these agencies can be filed via EASY Administrative Appeal. The second phase, which will integrate all 123 administrative appeals agencies, will be launched by December 2025.

The commitment intends to use the accumulated data in the new system to make it easier for claimants to file administrative appeal by drawing on similar administrative appeal cases. Once a claimant enters basic information, the system will automatically complete the purpose of the claim, summary of the case, and the claimant’s argument. [22] In addition, this commitment plans to increase the disclosure of administrative appeals cases. In June 2023, ACRC launched the Administrative Appeals Integrated Planning Task Force to lead this effort, [23] comprising inter-ministerial (ACRC, Ministry of the Interior and Safety, and Ministry of Government Legislation) and multistakeholder (government, legal experts, and civil society) representation.

This commitment has substantial potential to advance public accountability. [24] Via administrative appeals, citizens are able to redress unfair or illegal government actions (or non-actions) which directly impact their lives. By simplifying the administrative appeal process via a one-stop shop, this initiative is expected to make administrative appeals significantly more convenient for the public. It is also expected to enhance the efficiency of government operations by eliminating duplication of organizations and personnel. As of 2022, with just partial integration of administrative appeal agencies, about 60% of all administrative appeal cases were filed via the EASY Administrative Appeal online system. [25] With integration of all 123 administrative appeal agencies, administrative appeal cases and success rates are likely to increase. This integration effort is supported by 80% citizens, as reported by a 2023 national survey. [26] In 2022, the EASY Administrative Appeal system won the government’s grand prize for document innovation. [27]

Opportunities, challenges, and recommendations during implementation

Developing a one-stop shop covering 123 administrative appeals agencies is a major undertaking. Some aspects of the process will need to be integrated to improve both efficiency and impartiality, while maintaining the expertise needed for specialized administrative appeal fields (e.g., labor, land, insurance, and tax). [28] Thus, the work of the Administrative Appeals Integrated Planning Task Force will be critical. The Task Force will need to objectively analyze the operation of administrative appeal agencies and collect opinions from related agencies, the public, and experts in various fields in order to anticipate and address unforeseen side effects. [29] Moreover, given that administrative appeals are governed by a myriad of laws, legislative amendments and National Assembly promulgation are likely needed as well. To support the implementation process, the IRM recommends: