Question from a reader:
This is a question regarding the law. When administrative actions are carried out consecutively, are the earlier and later administrative actions treated as separate entities, meaning that the legality of each administrative action is judged independently? Is my understanding correct?

On the Legality of Administrative Actions and Their Independence

Hello! Today, I would like to discuss a somewhat
legal topic. Have you ever thought about administrative actions? Recently, I received a question from a reader: “When administrative actions are carried out consecutively, are the earlier and later administrative actions treated as separate?” This is quite an interesting theme. Let me explain it in my own way.

What are Administrative Actions?

First, let’s review what administrative actions are. Administrative actions refer to the “exercise of public authority” carried out by administrative agencies based on the law. Specifically, this includes permits, approvals, taxation, and administrative penalties. In short, it refers to actions taken by administrative agencies that affect our lives. For example, when you want to open a new café, you apply to the city hall for a business permit. This business permit is an example of an administrative action. Now, the key point here is how these administrative actions are treated when they are carried out consecutively, meaning when other administrative actions occur afterward.

Independence of Administrative Actions

Now, let’s return to the question. Generally, it is fundamental that the earlier and later administrative actions are judged independently regarding their legality. In other words, even if the earlier administrative action is illegal, if the later one is lawful, the latter administrative action is considered valid. To explain this a bit more concretely, let’s say that initially, Administrative Agency A granted you a business permit for your café. However, later on, another Administrative Agency B issues an administrative order to suspend your business for some reason. In this case, even if there was illegality in Agency A’s permit, Agency B’s action is judged independently of that.

Considering with Examples

Let’s replace this with a real-life example. You obtained a business permit to open the café of your dreams. However, a few months after starting your business, the city hall sent you a notice to suspend your operations for another reason. Upon further investigation, you discovered that there was actually a procedural flaw in the initial business permit. In this case, since you were operating based on the initial permit, your actions may appear lawful at first glance. However, if that permit itself was illegal, the subsequent administrative action cannot overturn that illegality. But what you need to consider here is whether Agency B’s order is truly lawful. If there was also illegality in Agency B’s administrative action, you would be able to contest both administrative actions.

Interpretation from a Legal Perspective

Now, let’s delve a bit deeper from a legal perspective. The principle in administrative law that each administrative action is judged individually emphasizes the importance of legal stability and predictability. If one administrative action is easily influenced by a subsequent administrative action, there is a risk that the administration’s operations may lack consistency. Therefore, the principle that the illegality of an earlier administrative action does not affect the later administrative action is adopted. This is particularly important to avoid confusion, especially when different administrative agencies make different judgments.

Special Cases and Exceptions

Of course, not every case is like this. There are special cases and exceptions. For instance, if a preceding administrative action clearly contains significant illegality, the subsequent administrative action may also be influenced by it. For example, if business operations are being conducted based on an invalid permit, the later administrative action may need to recognize that invalidity. Additionally, some administrative actions may be carried out based on different laws or regulations. Therefore, depending on the nature and context of the action, the judgment of legality may differ. This is one of the complexities of law, and often requires specialized knowledge in actual cases.

Emotional Perspective is Also Important

Discussions about the law can sometimes feel complicated and stiff, but in reality, they are deeply related to our lives. Especially since administrative actions have a significant impact on citizens’ lives, it is crucial to understand what rights you have and how you should act. Personally, my interest in the law has increased significantly since I became a parent. For example, when utilizing administrative services and support systems related to child-rearing, understanding my rights is essential to avoid potential disadvantages. When I think about it this way, I feel that the law is indeed a tool to protect our actual lives.

Conclusion

So, I answered the question regarding the legality of administrative actions. Essentially, earlier and later administrative actions are judged independently, and it is necessary to determine whether each has any illegality. However, since there are exceptions and special cases, it is important to make judgments on a case-by-case basis. Knowledge of the law is a familiar issue, especially for us ordinary citizens, and by deepening our understanding, we may be able to avoid disadvantages. If you have any concerns, consulting a professional is the best course of action. The law may seem difficult, but please take the initiative to learn in order to protect your rights!