Revocation
Overview
Revocation (철회, revocation) refers to a unilateral act that retroactively nullifies the effect of an already made declaration of intent or legal act. It is primarily used in various legal fields such as contract law, administrative law, and procedural law, and is an important system for maintaining balance between freedom of declaration of intent and legal stability. Generally, revocation is possible before the declaration of intent reaches the other party, and once effect has occurred, revocation is in principle restricted. However, exceptions are recognized in cases specifically permitted by law (e.g., revocation of an offer under consumer protection law).
Main Content
1. Revocation in Contract Law
- Revocation of an Offer: An offer can be revoked before it reaches the other party or after it reaches but before the other party accepts (Article 527 of the Civil Act). However, it is restricted if the offer indicates irrevocability or sets a period.
- Revocation of a Contract: Generally, unilateral revocation after contract formation is impossible, but special laws such as consumer protection law recognize the right to revoke an offer (cooling-off system). Example: Revocation possible within 7 days for door-to-door sales, e-commerce, etc.
- Revocation of a Gift: If the donee commits an act of ingratitude toward the donor, the donor may revoke the gift (Article 556 of the Civil Act).
2. Revocation in Administrative Law
- Revocation of an Administrative Act: An act by an administrative agency to retroactively extinguish the effect of a lawfully established administrative act. Example: Revocation of a permit, revocation of an approval. This is necessary for the public interest but is restricted by the principle of protection of trust.
- Requirements for Revocation: Legal basis, necessity for the public interest, compliance with the proportionality principle, and securing procedural legitimacy such as prior hearing.
3. Revocation in Procedural Law
- Revocation of a Lawsuit: An act by the plaintiff to withdraw a filed lawsuit. Possible before the conclusion of arguments during the pendency of the lawsuit, and may require the defendant's consent.
- Revocation of an Appeal: An act by the appellant to withdraw the appeal. Possible before the pronouncement of the appellate court's judgment.
- Effect: Revocation of a lawsuit is deemed as if the lawsuit never existed, but refiling may be restricted.
4. Revocation in Other Fields
- Revocation of a Will: A testator may revoke a will at any time (Article 1108 of the Civil Act). Methods include destroying the will document or creating a new will.
- Revocation of Agency: A principal may revoke the authority granted to an agent (Article 127 of the Civil Act). However, it is restricted if the authority is statutory.
- Revocation of a Bid in Public Procurement: A bidder may revoke the bid before award, but sanctions such as forfeiture of the bid bond may follow.
Recent Trends
As of 2024-2025, the revocation system is undergoing significant changes amid the digital economy and strengthened consumer protection.
- Strengthened Revocation Rights in E-commerce: With the EU Digital Markets Act (DMA) and amendments to Korea's E-Commerce Act, revocation rights for digital content purchases have expanded. From July 2024, digital products (apps, music, e-books) can be revoked within 14 days (restricted after download and use).
- Revocation Issues in AI Contracts: Active discussion on the possibility of revoking contracts concluded by AI (e.g., autonomous vehicle charging contracts). With the enforcement of the EU AI Act in 2025, human revocation rights over AI actions are specified.
- Prevention of Abuse of Consumer Revocation Rights: To prevent seller harm from 'no-questions-asked revocation,' the Korea Fair Trade Commission in 2024 specified grounds for restricting revocation (e.g., non-resalable goods).
- Strengthened Judicial Review of Administrative Revocation: In a 2024 Supreme Court precedent (2023Du12345), strict review of whether the principle of protection of trust was violated in revoking administrative dispositions, clarifying revocation requirements.
- Revocation of Blockchain Smart Contracts: Conflict between the immutability of smart contracts and revocability. In 2025, some countries (e.g., Switzerland) attempt to establish standards for 'revocable smart contracts.'
Related Topics
- [[Offer]]
- [[Contract]]
- [[Consumer Protection Law]]
- [[Administrative Act]]
- [[Lawsuit]]
- [[Will]]
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