English

Appeals against administrative dispositions

Preparation of opinion, hearing and administrative appeal documents concerning business suspension and administrative surcharges

To challenge a business suspension disposition, file an administrative appeal within 90 days from the date you became aware of the disposition and within 180 days from the date of the disposition. If you need to keep operating before the ruling, apply for a stay of execution at the same time. The key to a reduction is circumstances showing that there was no intent, a record of immediate correction, and materials that show the damage to your livelihood in numbers.

Written by Hwang Yunsang, Administrative Agent · Published 2026-09-27 · Updated 2026-10-22

Procedure

Procedure type
  • Appeal Difficulty High

    Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.

We will prepare written opinions for prior notice of business suspension and fines, documents for hearing, and documents for administrative appeal and suspension of execution after disposition according to the selected procedure. Attendance and statements are not included in the written hearing.

Scope & fee
Pre-disposition advance notice response statement: prepare and file
We will review the prior notice and proof provided by 1 business location and prepare an opinion submission form. Attendance at the hearing and administrative review after disposition are separate. Scope of writing: 1 type of opinion submission, 5 pages per type. It does not include in-office submissions.
Prepare written hearing submission; attendance excluded
We will prepare hearing opinions, statement summaries, and supporting evidence for 1 hearing notice. The same prior notice opinion form will not be written repeatedly and hearing attendance and statements will not be included. Scope of writing: 1 type of hearing opinion/summary of statement, 5 pages per piece. It does not include in-office submissions.
Official fee source ↗
Post-disposition administrative appeal merits petition; stay of execution excluded
We will prepare a claim for the merits of 1 case of business suspension, fine, etc. It does not include written opinions/hearings and suspension of execution before disposition. Scope of writing: 1 type of illegal/unfair disposition and reasons for requesting a reduction, 5 pages per type. It does not include in-office submissions.
Official fee source ↗
File administrative appeal after disposition and request stay of execution
We will prepare the merits of an administrative appeal for 1 business disposition and an application for suspension of execution. Advance notice opinions, hearing documents, and hearing attendance are separate. It does not include in-office submissions.
Official fee source ↗
Stay-of-execution documents for an existing business disposition administrative appeal
We will prepare an application for suspension of execution using records of business disposition administrative appeals that have already been filed and emergency damage data. It does not include new merits and independent motions without merits. Scope of writing: Reasons for application for suspension of execution Type 1, 3 pages per type. It does not include in-office submissions.
Official fee source ↗

  1. 1. Preserve evidence right after the incident

    First secure the CCTV footage, the circumstances of the ID check, and staff training records and text messages. Circumstances showing that the business owner had no intent, such as a minor deceiving staff about identity, become harder to prove as time passes.

  2. 2. Submit a written opinion at the prior notice stage

    When the prior notice of the disposition arrives, submit your opinion within the deadline. Submit with it a handwritten statement of circumstances, the sanitation education completion certificate, receipts and photos of cleaning and disposal, and a written pledge to prevent recurrence.

  3. 3. File the administrative appeal and apply for a stay of execution

    Once the disposition is issued, file an administrative appeal within 90 days. If the business suspension is about to start, apply for a stay of execution at the same time, stating specifically the risk of serious damage and the urgent circumstances, so that you can keep operating before the ruling.

  4. 4. Organize grounds for reduction and procedural issues

    Set out monthly sales, monthly rent, labor costs and loans in numbers, and show dependents with family relation documents. Also review procedural problems such as an omitted prior notice, unclear on-site photos or the absence of a witness present at the inspection.

  5. 5. Request conversion to a penalty surcharge

    If the violation is minor and there is hardship in making a living, you can request that the business suspension be replaced with a penalty surcharge. Whether conversion is possible depends on the statute on which the disposition is based.

Required documents

Fees

Administrative service fee
  • Pre-disposition advance notice response statement: prepare and file from KRW 500,000
  • Prepare written hearing submission; attendance excluded from KRW 600,000
  • Post-disposition administrative appeal merits petition; stay of execution excluded from KRW 600,000
  • File administrative appeal after disposition and request stay of execution from KRW 800,000
  • Stay-of-execution documents for an existing business disposition administrative appeal from KRW 500,000
All administrative service fees exclude 10% VAT.

There is no official fee for filing an administrative appeal. Our office fee starts from the amount shown above and may vary depending on whether we handle the case from the written opinion stage and whether we also draft the application for a stay of execution; we will give you an exact quote after reviewing your documents.

See fees and official charges for this service →

Legal basis and review date

  • Administrative Appeals Act, Article 27
  • Administrative Appeals Act, Article 30
  • Administrative Procedures Act, Article 21
  • Food Sanitation Act, Article 75
  • Food Sanitation Act, Article 82
  • Food Sanitation Act, Article 100

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • If the start date of the business suspension is near, prepare a schedule to submit the administrative appeal and the application for a stay of execution on the same day.

Frequently asked questions

By when must I file an administrative appeal against a business suspension?
You must file within 90 days from the date you became aware of the disposition and within 180 days from the date of the disposition. If either period has passed, you cannot file.
Can I keep operating during the administrative appeal?
Filing an administrative appeal alone does not stop the disposition. If you also apply for a stay of execution and it is granted, you can keep operating until the ruling is issued.
I received a business suspension for selling alcohol to a minor. Can it be reduced?
If it is proven that the business owner had no intent, for example where the ID was checked but it was forged or the minor deceived staff, there is room for cancellation or reduction. It is important to preserve the CCTV footage and the circumstances of the check right after the incident.
Is the business owner subject to the disposition even when an employee committed the violation?
A business suspension is an administrative disposition imposed on the business operator, so the operator is subject to it even when an employee committed the violation. In criminal punishment, the business owner may also be fined under the joint penalty provision, but is exempt if the owner exercised due care and supervision to prevent the violation, so keep regular training and management records ready.
Can a business suspension be changed to a penalty surcharge?
You can request it if the statute on which the disposition is based allows conversion to a penalty surcharge and the violation is minor. Show the hardship in making a living together with sales and cost materials.

Other guides in this area

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📞 Call 010-3374-2687 KakaoTalk Book a free 1-hour consultation WhatsApp ✍️ Request a consultation for this service
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📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.