An Administrative Order Addressing Something that is Explicit and Serious Error

Abstract

         An administrative order, which involves the exercise of administrative power by an administrative agency or state official, impacts the rights, duties, or status of individuals in specific cases and must comply with legal principles. Administrative orders that are clearly and severely erroneous due to flaws related to the integrity of the conditions of such orders are subject to judicial review by the Administrative Court to protect the rights and freedoms of those under the jurisdiction of the order. Individuals who have the right to claim these clearly and severely erroneous aspects may include parties to the case or those under the jurisdiction of the order who have been notified by the official. Even the officials who issue administrative orders or those authorized to consider appeals of such orders can bring up these errors in the methods and timing of the claims. Regardless of how long it has been, such claims always lack legal effect on the administrative orders, preventing any binding legal consequences from arising from the intention expressed in the administrative order. Those affected can invoke the utter futility or nonexistence of an administrative order at any time without limitation. The concept of clear and severe errors in administrative orders should be further developed and established as concrete normative guidelines.