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10. How to calculate the thirty days period set forth in paragraph 2 of Article 9 of Administrative Execution Act?

  • Publication Date :
  • Last updated:2019-07-18
  • View count:1789
Unless otherwise prescribed by law, all administrative authorities shall follow the procedure herein provided in performing administrative acts. Where a period is fixed by days, weeks, months or years, the first day does not count for the purpose of calculation, unless it is prescribed by law that the period shall commence as of the immediate day. These are specified in paragraph 1 of Article 3 and paragraph 2 of Article 48 of Administrative Execution Act. To determine the beginning day of thirty days period as set forth in paragraph 2 of Article 9 of the Law, the preceding regulations shall be from the next day of receiving the letter in accordance with preceding regulations, unless there is regulations provided otherwise in the Law and Enforcement Rules. If the last day of a period falls on Sunday, national holiday or any other holiday, the day following that day shall take its place, and if the last day of a period falls on Saturday, its last day shall be the Monday morning of the following week. Except for preceding circumstances, there is no deduction of holidays shall be applied to calculation of period under Administrative Procedure Act. That is, the period shall be calendar days instead of working days and therefore no holiday shall be deducted in the undergoing period. Next, according to paragraph 5 of Article 51 of Administrative Procedure Act: “Where an administrative authority is prevented from processing its business by an act of God or any other event not attributable to it, the processing time period shall stop running until the discontinuation of such event”. If the direct supervising authority considers that the information provided by execution agency is not available for decision and request for more detailed information, it is different from request the party to supplement necessary information and inconsistent with “Such event is discontinued due to any other event not attributable to it”. Therefore, the processing time period shall not be stopped, otherwise the right of the parties will be affected. Referential Article: Article 9 of Administrative Execution Act, Article 17 of Enforcement Rules of Administrative Execution Act, Article 3, 48 and 51 of Administrative Procedure Act Letter 2001 Ri-Tus No. 033821 issued by Ministry of Justice on September 25, 2001
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