Appeals against administrative dispositions
Responding to a Karaoke Room Business Suspension — Disposition Standards for Alcohol Sales and Hostesses, Opinion Submission and Administrative Appeals
Karaoke room operators must not sell or provide alcohol or employ or arrange hostesses (Music Industry Promotion Act Article 22(1)), and on a violation the mayor, county head or district head may order a business suspension of up to 6 months or cancel the registration (Article 27(1)). For a first violation, the standard is a 10-day suspension for selling or providing alcohol and a 1-month suspension for employing or arranging hostesses (Enforcement Rule Annex 2); when you receive a prior notice, submit your opinion by the deadline, and after the disposition, file an administrative appeal and a stay of execution within 90 days.
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 deadline and content of the prior notice
The prior notice of disposition states the facts giving rise to the disposition, its content, the legal basis and the deadline for submitting opinions (Administrative Procedures Act Article 21(1)). The deadline must allow at least 10 days, so record the date of receipt and the deadline first.
2. Identify the violation and its count
From the enforcement record, determine whether the conduct was selling or providing alcohol, storing alcohol on the premises, or tolerating customers bringing in alcohol. The violation count increases only if a disposition was imposed for the same violation within the last year, and if there are two or more violations, the heavier standard applies (Enforcement Rule Annex 2, item 1(a) and (d)).
3. Prepare the opinion submission
If the violation is minor or resulted from a trivial oversight or error rather than intent or negligence, the suspension may be reduced by up to one half of the standard (Annex 2, item 1(g)). Attach a statement of circumstances, factual materials such as CCTV footage and work schedules, and recurrence-prevention measures such as staff training and notices banning outside alcohol.
4. File an administrative appeal and a stay of execution after the disposition
File an administrative appeal within 90 days of learning of the disposition and within 180 days of the disposition (Administrative Appeals Act Article 27). Filing alone does not stop the suspension, so submit a request for a stay of execution before the suspension start date (Article 30 of the same Act).
5. Manage the suspension period
Continuing business in violation of a suspension order leads to cancellation of registration or closure of the business (Music Industry Promotion Act Article 27(1)2). Unless a stay of execution is granted, stop operating for the period stated on the disposition.
Required documents
- Opinion submission form (Enforcement Rule of the Administrative Procedures Act, Form No. 11)
- Prior notice of disposition or business suspension disposition
- Karaoke room business registration certificate
- CCTV footage, receipts and work schedules showing the situation at the time of enforcement
- Statement of circumstances and recurrence-prevention materials (staff training records, photos of posted notices, etc.)
- Sales, rent and labor cost records
- Administrative appeal petition (Enforcement Rule of the Administrative Appeals Act, Form No. 30) and request for a stay of execution (Form No. 33 of the same Rule) (after the disposition)
Fees
There are no government fees for opinion submission or filing an administrative appeal. Our office fee starts from the amount shown above and may vary depending on whether the matter is at the opinion submission stage or proceeds to an administrative appeal and stay of execution; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Music Industry Promotion Act, Article 22
- Music Industry Promotion Act, Article 27
- Enforcement Rule of the Music Industry Promotion Act, Annex 2
- Administrative Procedures Act, Article 21
- Enforcement Rule of the Administrative Procedures Act, Form No. 11
- Administrative Appeals Act, Articles 27 and 30
- Enforcement Rule of the Administrative Appeals Act, Forms No. 30 and No. 33
Check these first
- The violation count applies only when a disposition was imposed for the same violation within the last 1 year, so check both the previous disposition date and the date of this enforcement.
- Continuing business during a suspension leads to cancellation of registration, so observe the period on the disposition until a stay of execution is granted.
Frequently asked questions
How long is the suspension if a karaoke room is caught selling alcohol for the first time?
Is letting customers drink alcohol they brought in also subject to a disposition?
What happens if we are caught employing hostesses?
We paid a fine; do we still have to serve the business suspension?
Does filing an administrative appeal stop the suspension?
Can an administrative agent help respond to a karaoke room suspension?
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.