Prior opinions & explanations
Licensed Real Estate Agent Fine Opinion Submission in Korea — 5,000,000 Won Fine for an Agent Assistant's Failure to Disclose and Proving Supervision
If an agent assistant does not tell the client in advance that he or she is an agent assistant, both the agent assistant and the practicing licensed real estate agent to whom he or she belongs are subject to a fine of up to 5,000,000 won, but a practicing agent who did not neglect due care and supervision is excluded (Licensed Real Estate Agents Act, Article 18-4 and Article 51(2)1-4). The registration authority gives advance notice before imposing a fine and allows an opinion submission period of at least 10 days, so the practicing agent can explain supervision and reduction grounds in an opinion submission within that period (Act on the Regulation of Violations of Public Order, Article 16).
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.
1. Check the violation and the legal basis in the advance notice
The advance notice states the facts giving rise to the fine, the fine amount, the applicable law, and the deadline for submitting opinions (Enforcement Decree of the Act on the Regulation of Violations of Public Order, Article 3(1)). An agent assistant's disclosure violation falls under Article 51(2)1-4 of the Licensed Real Estate Agents Act, and a violation of the duty to verify and explain the brokered property falls under item 1-6 of the same paragraph; the registration authority imposes the fine for both (same Act, Article 51(5)4).
2. Compare the standard amount with the reduction range
Annex 2 of the Enforcement Decree of the Licensed Real Estate Agents Act sets the agent assistant's disclosure violation at 5,000,000 won and the violation of the duty to verify and explain at 2,500,000 won or 5,000,000 won depending on the violation. The imposing authority may reduce the amount by up to one half where the violation resulted from minor carelessness or error, or where efforts to correct or resolve the violation are recognized, but no reduction applies if the person has unpaid fines in arrears (same Decree, Annex 2, item 1(a)).
3. Organize records of the practicing agent's care and supervision
The business acts of an agent assistant are deemed acts of the practicing agent who employs him or her, but a practicing agent who did not neglect due care and supervision to prevent the disclosure violation is excluded from the fine (Licensed Real Estate Agents Act, Article 15(2) and the proviso to Article 51(2)1-4). Organize dated records showing supervision before the violation, such as the employment report of the agent assistant, internal guidelines on how to disclose, and training dates and attendance records.
4. Prepare the opinion submission and file it by the deadline
The party may state opinions in writing or orally and submit evidence within the deadline, and if no opinion is submitted by the deadline, it is deemed that there is no opinion (Act on the Regulation of Violations of Public Order, Article 16(1) and (2); Enforcement Decree of the same Act, Article 3(2)). If the opinion has reasonable grounds, the authority may decide not to impose the fine or change the notified details (same Act, Article 16(3)).
5. Decide between voluntary payment reduction and objection after imposition
Voluntary payment within the opinion submission deadline can reduce the fine by up to 20%, but once the reduced fine is paid, the imposition and collection procedure ends and you can no longer submit opinions or file an objection (Act on the Regulation of Violations of Public Order, Article 18; Enforcement Decree of the same Act, Article 3(1)5-2 and Article 5). After receiving the imposition notice, you can file a written objection with the registration authority within 60 days of receipt, and an objection causes the imposition to lose effect and the case to be referred to the competent court (same Act, Articles 20 and 21).
Required documents
- Opinion submission (no prescribed statutory form; use the form attached to the advance notice if one is provided)
- Advance notice of fine imposition
- Copy of the brokerage office registration certificate
- Records of the agent assistant employment report
- Internal guidelines on disclosure and agent assistant training records
- Materials showing how the violation occurred (consultation logs, guidance text messages, etc.)
- Records of corrective measures (revised guidelines and retraining records after the violation, etc.)
- Letter of authorization (if submitted by a representative)
Fees
There is no separate government fee for filing an opinion submission. Our office fee starts from the amount shown above and may vary depending on the number of violations and the volume of supporting materials; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Licensed Real Estate Agents Act, Article 15
- Licensed Real Estate Agents Act, Article 18-4
- Licensed Real Estate Agents Act, Article 51
- Enforcement Decree of the Licensed Real Estate Agents Act, Article 38
- Enforcement Decree of the Licensed Real Estate Agents Act, Annex 2
- Act on the Regulation of Violations of Public Order, Article 16
- Act on the Regulation of Violations of Public Order, Article 18
- Act on the Regulation of Violations of Public Order, Article 20
- Act on the Regulation of Violations of Public Order, Article 21
- Act on the Regulation of Violations of Public Order, Article 24
- Enforcement Decree of the Act on the Regulation of Violations of Public Order, Article 3
- Enforcement Decree of the Act on the Regulation of Violations of Public Order, Article 5
Check these first
- If you do not submit an opinion by the deadline, it is deemed that there is no opinion and the fine may be imposed as notified, so check the deadline in the advance notice first (Act on the Regulation of Violations of Public Order, Article 16(1)).
- If you neither file an objection within 60 days of receiving the imposition notice nor pay the fine, additional charges are added and the fine may be collected in the manner of collection of arrears (Act on the Regulation of Violations of Public Order, Article 20(1) and Article 24).
Frequently asked questions
If the agent assistant failed to disclose, does the practicing agent also pay a fine?
How much is the fine for an agent assistant's disclosure violation?
How many days is the opinion submission deadline after an advance notice of a real estate agent fine?
Can I file an objection later if I take the 20% voluntary payment reduction?
What is the deadline for objecting to a real estate agent fine?
Can I entrust a real estate agent fine opinion submission to an administrative agent?
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.
