Administrative Litigation Act Article 113

The plaintiff may, before the judgment has become binding, voluntarily dismiss the case in whole or in part, but the plaintiff cannot dismiss the case if such dismissal would be detrimental to protecting the public interest.Where the defendant has proceeded orally on the merits of the principal case, such dismissal shall be subject to the defendant's consent.A voluntary dismissal shall be made by pleadings. Notwithstanding, it may be made orally in the court session.A voluntary dismissal made orally shall be indicated in the transcript and in the case where the opposing party was not present, such transcript shall be served on the opposing party.The defendant is deemed to have agreed to the voluntary dismissal if the defendant does not object to such dismissal within ten days from the day of the court session in the case where the defendant appeared and did not express whether the defendant agreed or disagreed, or from the day of service of the transcript provided in the preceding Paragraph or the dismissal pleading in case where the defendant failed to appear in the court session or where the dismissal is made by pleadings.