(1) Any decision on a request for examination shall be made according to the following classifications: <Amended on Dec. 20, 2016; Dec. 19, 2017>
1. Where a request for examination falls under any of the following cases: A decision to dismiss such request:(a) Where a request for examination is filed after filing a request for adjudication (including where they are filed on the same day);(b) Where a request for examination is filed after the expiration of the period for filing a request for examination prescribed in Article 121;(c) Where a necessary revision is not made within the revision period prescribed in Article 123;(d) Where any unlawful request for examination is filed;(e) Cases prescribed by Presidential Decree, as those similar to cases referred to in items (a) through (d);
2. When a request for examination is deemed groundless: A decision to reject such request;
3. When a request for examination is deemed reasonable: A decision to revoke or rectify a disposition with respect to such request, or to take a necessary disposition. In such cases, where it is necessary to conduct additional investigation, such as verification of fact relations, to revoke or rectify the disposition, or to take a necessary disposition, a decision on reinvestigation may be made so that the ruling agency that has taken such disposition can re-investigate and revoke or rectify the disposition, or to take a necessary disposition based on the findings thereof.
(2) Decisions shall be made under paragraph (1) within 90 days from the date on which a request for examination is filed: Provided, That this shall not apply in extenuating circumstances.
(3) When a decision is made in accordance with paragraph (1), a written decision stating the reasons thereof shall be served on a person who has filed a request for examination within the period fixed under paragraph (2).
(4) A revision period referred to in Article 123 shall not be included in a period for making a decision under paragraph (2).
(5) Where a decision is made to conduct a reinvestigation pursuant to the latter part of paragraph (1) 3, the ruling agency that has taken the relevant disposition shall conduct investigation within the scope specified in the text of the written decision within 60 days from the date the reinvestigation is determined, and shall revoke or rectify the disposition or take a necessary disposition based on the findings of the reinvestigation. In such cases, the ruling agency that has taken the relevant disposition may postpone or suspend the investigation or extend the period of investigation as prescribed by Presidential Decree. <Newly Inserted on Dec. 19, 2017>
(6) Except as provided in the latter part of paragraph (1) 3 and paragraph (5), matters necessary for determining reinvestigation shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 19, 2017>[This Article Wholly Amended on Dec. 30, 2010]