Administrative Appeal Act Article 80

While the administrative appeal was rendered as a decision of case not entertained because it was filed after the expiration of the specific period according to this Act, but the administrative action is obviously illegality or impropriety, the agency which the administrative action was made or its supervised agency may by its ex officio to revoke or modify the administrative action. However, one of the following situations is met in which the agency shall not revoke or modify the administrative action:1. The revocation or modification is against the public interest.2. The reliance interest of the beneficiary of the administrative action required obviously more protection than the public interest derived from the revocation or modification as planned.The reliance is not worth of protection while one of the following situations was met to the beneficiary of the administrative action:1. To make the agency which the administrative action was made to issue an administrative action via using the method of falsity, threat, or bribery.2. Intentionally present the untruth information for material factor or the statement omission partly to make the agency which the administrative action was made to issue the administrative action based on aforesaid factor or statement.3. Acknowledge of the illegality of the administrative action or lack of such acknowledge due to gross negligent.The reliance interest of the beneficiary of the administrative action shall be indemnified, while the administrative action was revoked or modified by the agency which the administrative action was made or it’s superior agency according to Paragraph 1. However, the amount of the indemnification shall not exceed the amount of the beneficiary interest while the administrative action was sustained.
中文原文 訴願法第80條
提起訴願因逾法定期間而為不受理決定時,原行政處分顯屬違法或不當者,原行政處分機關或其上級機關得依職權撤銷或變更之。
但有左列情形之一者,不得為之:
一、其撤銷或變更對公益有重大危害者。
二、行政處分受益人之信賴利益顯然較行政處分撤銷或變更所欲維護之公益更值得保護者。
行政處分受益人有左列情形之一者,其信賴不值得保護:
一、以詐欺、脅迫或賄賂方法,使原行政處分機關作成行政處分者。
二、對重要事項提供不正確資料或為不完全陳述,致使原行政處分機關依該資料或陳述而作成行政處分者。
三、明知原行政處分違法或因重大過失而不知者。
行政處分之受益人值得保護之信賴利益,因原行政處分機關或其上級機關依第一項規定撤銷或變更原行政處分而受有損失者,應予補償。
但其補償額度不得超過受益人因該處分存續可得之利益。

English translation for reference only; the Chinese text prevails. Not legal advice.