Where a litigation act in a case under the Administrative Litigation Act is to be completed abroad, how does the provision change the period counted for it?
General information · Not legal advice
Material to check
In a practice file, the papers to read are the document that started the period, such as a proof of service of the decision or pleading, any passport, entry record or certificate showing where the person was while the period ran, and the court's stamp showing when the step was in fact filed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading applies the provision by step type: where a litigation act is to be completed abroad, the provision replaces the shorter period otherwise counted with the longer one it sets for that act, and for a retrial application brought by a third party and for the institution of a suit it does the same, replacing each base period with the longer one it names.
Another reading notes what the provision does not settle: it states how each period becomes a longer one but says nothing about how a step is shown to be one completed abroad, whether the change reaches a period that was already running when the person went abroad, or what follows where the later step falls outside the three the provision names.
Your judgment
What in the file could show that the act was completed abroad rather than filed in Korea, and which of the periods the provision names applies to it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this card again if the provision is amended to change the periods it sets or the steps it covers, or if a court decision clarifies when a litigation act counts as completed abroad.