Laws Information

法規資訊
Title: Administrative Procedure Act
Am Date: 2015-12-30
Legislative History: Amended on December 30, 2015

Transaction

Amended

Article 127
Where an administrative disposition which grants benefits by providing one-time or consecutive payment of money or delivery of divisible things becomes ineffective retroactively in consequence of withdrawal, revocation or fulfillment of specific condition,the beneficiary is obligated to return anything and everything he has received by virtue of the disposition. The same applies where the administrative disposition is firmly determined to be of no effect.
With respect to the extent of restitution to be made under the preceding paragraph, the provisions set forth in the Civil Code relating to unjust enrichment shall apply mutatis mutandis.
When an administrative authority requests restitution under the preceding two paragraphs, it shall specify the scope of the restitution in a written administrative disposition, and order the beneficiary to comply within a prescribed period.
The administrative authority shall not refer the case for administrative execution before the preceding administrative disposition is final and irreversible.

Article 175
This Act shall come into force on January 1, 2002.
The Amendments to this Act shall come into force from the date of promulgation.