Appeals against administrative dispositions
Penalty Surcharge and Suspension of Operation for Overnight Parking of Trucks — Standards and How to Submit a Written Opinion
Parking a commercial truck for 1 hour or more between 0:00 and 4:00 in a place other than a permitted place is an overnight parking violation. The disposition is suspension of operation of the violating vehicle for 5 days or a penalty surcharge, and the surcharge is 200,000 won for general freight operators and 100,000 won for individual freight operators (50,000 won for individual operators when a truck with a maximum payload of 1.5 tons or less is parked outside a permitted place). If you receive a prior notice before the disposition, you can submit a written opinion within the deadline to dispute the facts or request a reduction.
Procedure
- 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. Check the violation standard
Overnight parking means parking for 1 hour or more between 0:00 and 4:00. Overnight parking is allowed at the garage of the transport business operator concerned, the garage of another transport business operator, a public garage, a truck rest area, a freight terminal, and places designated by local government ordinance.
2. Distinguish the permitted places by vehicle size
Trucks with a maximum payload of 1.5 tons or less can park overnight in ordinary parking lots, garages and places designated by local government ordinance. For trucks over 1.5 tons, ordinary parking lots are not included in the permitted places, so parking at an apartment complex or a public parking lot can also be a violation.
3. Check the contents of the prior notice
Check the date and time, place and vehicle number of the violation written in the prior notice, and the enforcement photographs. Check whether the time from the start to the end of parking exceeded 1 hour, whether the place is in fact a permitted place designated by local government ordinance, and whether the details match the operation records.
4. Draft the written opinion
Within the deadline for submitting an opinion, write and submit your dispute of the facts or your grounds for reduction. The disposition authority may reduce the penalty surcharge by up to 1/2, taking into account cases such as a violation caused by minor carelessness or efforts made to correct the violation. However, there is no reduction if you have a penalty surcharge in arrears.
5. Consider a challenge after the disposition
When the disposition is issued, calculate the administrative appeal deadline (90 days from the date you become aware of the disposition) based on the date you received the disposition notice. If the same violation is repeated, the penalty surcharge may increase, so also sort out securing a garage and your operating schedule.
Required documents
- Prior notice or disposition notice
- Enforcement photographs and violation confirmation (if received)
- Materials confirming the establishment of the garage and the garage lease contract
- Operation materials for the day, such as operation records, waybills and dispatch records
- Motor vehicle registration certificate and trucking transport business permit certificate
- Written opinion and supporting materials for the grounds for reduction
Fees
There is no fee for submitting a written opinion, and the Administrative Appeals Act has no provision for a fee for filing an appeal. Our office fee starts from the amount shown above and may vary depending on the stage of the disposition (written opinion or administrative appeal) and the number of violations; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Enforcement Rule of the Trucking Transport Business Act, Article 21
- Enforcement Rule of the Trucking Transport Business Act, attached Table 3
- Enforcement Decree of the Trucking Transport Business Act, attached Table 2
- Administrative Procedures Act, Article 21
- Administrative Appeals Act, Article 27
- Trucking Transport Business Act, Article 21
- Trucking Transport Business Act, Article 63
- Enforcement Decree of the Trucking Transport Business Act, Article 14
- Enforcement Rule of the Trucking Transport Business Act, attached Table 2
- Administrative Procedures Act, Articles 27 and 27-2
- Incheon Metropolitan City Rules on Delegation of Affairs, attached Table 1
Check these first
- Once the deadline for submitting an opinion passes, the disposition proceeds without your opinion. When you receive the notice, check the deadline first.
Frequently asked questions
From what time to what time does overnight parking of trucks apply?
How much is the penalty surcharge for overnight parking?
Is parking in an apartment parking lot also an overnight parking violation?
Can the overnight parking penalty surcharge be reduced?
If I receive a prior notice, by when must I submit my opinion?
Does an administrative agent help with a written opinion on an overnight parking disposition?
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.
📍 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.