License revoked for drunk driving. If there is a flaw in the administrative process, it will be invalid.

I had my driver's license revoked for drunk driving, but an administrative judgment found that it could have been invalidated if the procedure was not legal.

On the 11th of last month, the Central Administrative Appeals Commission decided to cancel the decision in an administrative appeal filed by driver A against the police's decision to revoke his driver's license.

Mr. A was caught in a drunk driving crackdown on June 4th and received advance notice that his driver's license would be revoked.

The notice stated that they were to appear at the nearest police station by the 24th of the same month and submit their opinions.

However, on the 18th, six days earlier than the opinion submission date notified by the police, Mr. A's license cancellation process was completed.

Mr. A argued that “it was unfair to dispose of the case before the attendance requirement date.”

In addition, "At the bottom of the statement presented by the police, there was an additional statement stating that even if the deadline for submitting opinions had not passed, there was an additional statement acknowledging that there was no objection and agreeing to the administrative disposition," he said.

In relation to this, the Administrative Appeals Committee said, "There was a phrase in the notice asking whether to consent to the disposition, but this was added arbitrarily, unlike the prescribed format," and "It is possible that Mr. A expressed consent without fully understanding the meaning."

He also pointed out that “the Road Traffic Act does not recognize exceptions to arbitrarily added content, such as the statement text,” and that “administrative dispositions made before the deadline for submitting opinions can be considered procedurally flawed.”

Attorney Park Sang-beom of Daeryun Law Firm, who represented Mr. A, said, “The purpose of the prior notification system is to give the parties the opportunity to raise objections,” and pointed out, “The police’s failure to adhere to the deadline for submitting opinions is a violation of Article 21 of the Administrative Procedure Act.”

He then emphasized, "The phrase at the bottom of the statement also shows that Mr. A, who was a suspect, could not have easily refused the police's request to express consent."

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