Supreme Court rules seal cancellations are subject to administrative lawsuit

The Supreme Court ruled that a certification office's refusal to issue a seal certificate or its cancellation of a registered seal constitutes an administrative disposition subject to an administrative lawsuit.

In the decision announced April 2 in case 2025Du35330, the court stated that determining whether an administrative act can be sued upon requires examining specific circumstances rather than abstract criteria. Judges must consider the content and purpose of relevant laws, the nature of the act, and the substantive connection between the act and any disadvantage suffered by the interested party.

The ruling emphasized that a seal certificate serves a critical function in general transactions by proving both the identity of the seal and the intent of the transaction party. Because registering a seal is a prerequisite for utilizing this system, the court found that refusing an application for a certificate or canceling a registered seal affects the legal relationships of citizens.

Citing the Administrative Basic Act and the Administrative Litigation Act, the court concluded that these actions by a certification office represent law enforcement on concrete facts by a public authority. Consequently, both the refusal to issue a certificate and the cancellation of a registered seal qualify as administrative dispositions that directly impact the rights and obligations of nationals.