On July 5, 2022, Hwaum Law Office provided legal advice to Government-Affiliated Institution A regarding the interpretation of the legal provisions under the Radio Waves Act and its Enforcement Decree governing the suspension of operations of designated testing agencies, as well as whether a division of duties prepared by a person entrusted with public administrative authority has binding effect on third parties.
Administrative laws and regulations that serve as the legal basis for sanctions or other adverse administrative dispositions must be strictly interpreted and applied in accordance with the principle of clarity required under the Constitution. Such provisions should not be interpreted broadly or by analogy in a manner that is unduly unfavorable to the recipient of the administrative disposition. Accordingly, where the meaning of the legal provision serving as the basis for an administrative disposition is unclear, care must be taken to ensure that its interpretation does not depart from the ordinary meaning of the language used.
In addition, internal guidelines of an administrative agency, such as a “division of duties,” generally constitute administrative rules and therefore do not have binding effect on third parties. However, in exceptional circumstances—such as where an administrative agency entrusted with authority, pursuant to a specific delegation under a superior statute, establishes matters that are to form part of the substance of that statute in the form of an administrative rule—such rules may have the effect of legally binding regulations, provided that they remain within the scope of the delegation authorized by the relevant statute.
At Hwaum, our legal team provides ongoing legal counsel to numerous government agencies. Through careful and thorough review of the laws and regulations underlying administrative dispositions and other relevant legislation, we assist government institutions in making sound and well-informed decisions, as demonstrated by this matter.
If you have any questions, please feel free to contact us at the information below.
Attorney: Yunseon Kim
Email: help@hwaumlaw.com
Tel: +82-2-522-0413