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Appeals against administrative dispositions

How to File an Administrative Appeal and Apply for a Stay of Execution Against a Departure Order — The 90-Day Deadline and Supporting Materials

A departure order is a disposition issued by the immigration office to, among others, a person who has grounds for deportation but intends to leave voluntarily, a person who has not followed a recommendation to depart, and a person whose permission has been revoked. An administrative appeal can be filed within 90 days from the date you become aware of the disposition, but filing alone does not stop the departure deadline, so apply for a stay of execution at the same time. If you do not leave by the set deadline, the case moves on to a deportation order.

Written by Hwang Yunsang, Administrative Agent · Published 2026-10-03 · Updated 2026-10-03

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 a prior notification opinion, a hearing document, an objection form to the disposition office, an administrative appeal claim, and a document for suspension of execution, step by step. We will first check the actual notice and statutory application requirements.

Scope & fee
Basic scope
We will review 1 notice of disposition and the provided evidence and prepare a request for administrative appeal on the merits. Prior notification opinion, hearing, appeal to the disposition office, and suspension of execution are each separate optional procedures. Scope of preparation: 1 type of administrative appeal claim, 5 pages per type. It does not include in-office submissions.
Preparation of opinion for prior notice of general administrative disposition
We will review 25 pages of provided materials for 1 applicant and 1 prior notice and prepare 5 pages of opinion and submission materials. For cases with dedicated work, priority is given to that type, and attendance at hearings and adjudication after disposition are separate. It does not include in-office submissions.
Official fee source ↗
Excludes writing and attendance for general administrative disposition hearings
We will review 25 pages of notice/disposition materials for 1 applicant and 1 hearing and prepare 5 pages of hearing opinion. If it is the same document as the prior notice opinion, it will not be duplicated, and hearing attendance and statements will not be included. It does not include in-office submissions.
Official fee source ↗
Preparation of objection form to disposition office, excluding administrative appeal
We will review 25 pages of data and determine whether a legal objection can be filed for 1 applicant/1 disposition and prepare a 5-page statement of reasons. Appeals to the disposition office and administrative appeals are separate and do not include trials and lawsuits. It does not include in-office submissions.
Official fee source ↗
Document for suspension of execution of existing general administrative appeal
We will review 20 pages of emergency damage data for the merits and dispositions that have already been raised and prepare a 3-page statement of reasons for the suspension of execution. It does not include independent motions without merits, new merits, or court motions. It does not include in-office submissions.
Official fee source ↗
General administrative appeal and suspension of execution
We will review 40 pages of common and emergency damage data for 1 case and prepare a 5-page statement of reasons for the main case and a 3-page statement of reasons for suspension of execution. It includes the common list and simultaneous submission, and preliminary opinions, hearings, separate response rebuttals, and committee appearances are separate. It does not include in-office submissions.
Official fee source ↗

  1. 1. Check the disposition notice and the deadlines

    Check the departure deadline written on the departure order, conditions such as a restriction on residence, and whether a performance bond has been deposited. An administrative appeal is filed within 90 days from the date you become aware of the disposition and within 180 days from the date of the disposition. If you have received a deportation order, you can file an objection within 7 days from the date you receive the order.

  2. 2. Draft the written request for administrative appeal

    Write separately on whether the grounds for the disposition differ from the facts and whether the disposition is excessively heavy compared with similar cases. State your length of stay, family relations, study or business situation and what you did to put things right after the violation, and set out your argument on whether the authority deviated from or abused its discretion.

  3. 3. Apply for a stay of execution

    Filing an administrative appeal does not stop the execution of the disposition. Apply for a stay of execution at the same time, stating specifically that leaving Korea would cause damage that is difficult to recover from. Show the damage with materials, such as studies close to graduation, supporting family in Korea, an illness under treatment or a business in operation.

  4. 4. Organize the supporting materials

    Gather certificates of enrollment and academic records, family relation documents, medical certificates, business registration and sales records, and materials on compensation for damage or volunteer work. If a criminal fine is the cause of the disposition, also prepare the written judgment and the confirmation of payment.

  5. 5. Submit and supplement

    Submit the written request and the application for a stay of execution to the administrative appeals commission, and when the written answer of the disposition authority arrives, submit your rebuttal as a supplementary written statement. If a decision on the stay of execution is issued, check in the written decision whether you are released from the departure deadline until the ruling.

Required documents

Fees

Administrative service fee
  • Basic scope from KRW 600,000
  • Preparation of opinion for prior notice of general administrative disposition from KRW 500,000
  • Excludes writing and attendance for general administrative disposition hearings from KRW 500,000
  • Preparation of objection form to disposition office, excluding administrative appeal from KRW 500,000
  • Document for suspension of execution of existing general administrative appeal from KRW 400,000
  • General administrative appeal and suspension of execution from KRW 700,000
All administrative service fees exclude 10% VAT.

Our office fee starts from the amount shown above and may vary depending on the grounds for the disposition and the scope of the supporting materials; we will give you an exact quote after reviewing your documents.

See fees and official charges for this service →

Legal basis and review date

  • Immigration Act, Article 68
  • Immigration Act, Article 60
  • Administrative Appeals Act, Article 27
  • Administrative Appeals Act, Article 30

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

  • The departure deadline comes before the administrative appeal deadline. When you receive a departure order, do not wait out the 90 days; prepare the stay of execution first.

Frequently asked questions

Can an administrative appeal be filed against a departure order?
Yes. A departure order and a denial of extension of the period of stay are administrative dispositions, so an administrative appeal can be filed within 90 days from the date you become aware of the disposition and within 180 days from the date of the disposition.
If I file an administrative appeal, can I stay without leaving Korea?
No. Filing alone does not stop the effect or the execution of the disposition. You must apply for a stay of execution before the departure deadline and obtain a decision in order to stay until the ruling.
What happens if I receive a departure order and do not leave by the deadline?
A deportation order is issued, and all or part of the performance bond you deposited may be forfeited to the National Treasury. To respond, proceed with the administrative appeal and the stay of execution together before the deadline.
How is a deportation order contested?
Within 7 days from the date you receive the deportation order, you can file an objection with the Minister of Justice through the regional immigration office. The period is very short, so start preparing on the day you receive the order.
I received a departure order because of a drunk-driving fine. Can I pursue it together with relief for my driver's license?
Yes. A challenge to the driver's license disposition and a challenge to the stay-related disposition are separate procedures, so each is pursued within its own deadline. They rely on the same facts, so if you organize the supporting materials once, you can use them in both procedures.
Does an administrative agent help with an administrative appeal against a departure order?
Yes. Hwang Yunsang Administrative Office drafts the written request for administrative appeal and the application for a stay of execution, organizes the supporting materials, files them on your behalf, and drafts the supplementary written statement in response to the written answer.

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.