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

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.

  1. 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. 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. 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. 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. 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

Administrative service fee
  • Basic scope from KRW 500,000
All administrative service fees exclude 10% VAT.

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

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 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?
In principle, yes. The agent assistant who violated the disclosure duty and the practicing agent to whom he or she belongs are both subject to a fine of up to 5,000,000 won (Licensed Real Estate Agents Act, Article 51(2)1-4). However, a practicing agent who did not neglect due care and supervision to prevent the violation is excluded, so supervision can be proved with records at the opinion submission stage (proviso to the same item).
How much is the fine for an agent assistant's disclosure violation?
The standard amount is 5,000,000 won (Enforcement Decree of the Licensed Real Estate Agents Act, Annex 2, item 2(d)). It may be reduced by up to one half if the violation was due to negligence or efforts to correct it are recognized, and conversely increased by up to one half where the harm is serious, but it cannot exceed the statutory cap of 5,000,000 won (same Decree, Annex 2, item 1(a) and (b)).
How many days is the opinion submission deadline after an advance notice of a real estate agent fine?
It is the deadline stated in the advance notice, and the authority must set a period of at least 10 days (Act on the Regulation of Violations of Public Order, Article 16(1)). If no opinion is submitted by the deadline, it is deemed that there is no opinion, so check the deadline date first when you receive the notice.
Can I file an objection later if I take the 20% voluntary payment reduction?
No. If you pay the reduced fine within the opinion submission deadline, 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(2); Enforcement Decree of the same Act, Article 3(1)5-2). If you have grounds to claim exclusion based on supervision, decide whether to submit an opinion before paying voluntarily.
What is the deadline for objecting to a real estate agent fine?
Within 60 days of receiving the fine imposition notice (Act on the Regulation of Violations of Public Order, Article 20(1)). The objection is filed in writing with the registration authority that imposed the fine, and when an objection is filed the imposition loses effect and the authority notifies the competent court within 14 days (same Act, Article 20(2) and Article 21(1)).
Can I entrust a real estate agent fine opinion submission to an administrative agent?
Yes. Hwang Yunsang Administrative Office compares the advance notice with the imposition criteria, organizes the practicing agent's supervision records and reduction grounds, prepares the opinion submission, and files it with the registration authority on your behalf. Whether to impose the fine and the amount are decided by the registration authority.

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.