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1-2 · Appeals against administrative dispositions

Preparation of opinion, hearing and administrative appeal documents concerning business suspension and administrative surcharges

Dispositions that restrict rights, such as business suspension, closure of a business place, or a penalty surcharge, are preceded by a prior notice under Articles 21 and 22 of the Administrative Procedures Act, and you can submit an opinion within the deadline stated in the notice (at least 10 days); cancellation of a business permit or registration and an order to close a business place require a hearing under Article 81 of the Food Sanitation Act. After the disposition, an administrative appeal must be filed within 90 days from the date you learned of it and within 180 days from the date it was made under Article 27 of the Administrative Appeals Act; dispositions by a city, county, or district head are reviewed by the provincial administrative appeals commission, and most dispositions by a provincial governor or national agency by the Central Administrative Appeals Commission. Filing alone does not stop the disposition, so to keep operating you also apply for a stay of execution under Article 30 of the same Act. Article 82 of the Food Sanitation Act allows business suspension to be replaced with a penalty surcharge of up to KRW 1 billion, but serious violations designated by Prime Ministerial decree, such as selling hazardous food, are excluded from conversion.

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#Preparation of opinion, hearing and administrative appeal documents concerning business suspension and administrative surcharges#Official check#1-2
🌐 Preparation of opinion, hearing and administrative appeal documents concerning business suspension and administrative surcharges
01

When this applies

When this applies

Businesses that have received notices of suspension of operations, fines (administrative surcharge), or penalties, or that have received prior notices. Distinguish between the pre-decision opportunity to submit opinions and post-decision objection procedures.
02

Procedure

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 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. 01

    Stage and deadline check: First determine whether the document is a prior notice or a disposition. For a prior notice, note the opinion deadline; for a disposition, mark the 90-day filing deadline from receipt and the suspension start date on the calendar.

  2. 02

    Preserving evidence right away: Secure CCTV footage, evidence of ID checks, staff training records, and messages immediately. Circumstances showing the business operator had no intent, such as a minor using a false ID, become hard to prove as time passes.

  3. 03

    Preparing the opinion: Submit a statement of circumstances, photos and receipts of corrective measures, a hygiene training certificate, and a recurrence-prevention pledge to the agency and by the deadline stated in the prior notice. If permit cancellation or a closure order is planned, prepare separate materials for the hearing.

  4. 04

    Appeal and stay of execution: Once the disposition is issued, file the appeal with the disposition authority or the appeals commission, and if the suspension start date is near, file a stay-of-execution application describing the serious harm and urgency on the same day. If the appeal was filed with the disposition authority, attach a copy of the appeal and the filing receipt to the stay application.

  5. 05

    Mitigating factors and conversion to a surcharge: Show monthly sales, rent, labor costs, and loan payments in figures, and prove dependents with family relationship documents. If the governing law allows a surcharge instead, include a request to change the suspension to a surcharge in the appeal.

  6. 06

    Responding to the answer and after the decision: When the authority's answer arrives, add rebuttal materials in a supplementary brief. The decision is generally made within 60 days from the commission's receipt of the appeal and may be extended by 30 days; if the suspension is changed to a surcharge, missing the payment deadline can bring back the suspension, so manage the payment date.

03

Filing route

Filing route

Opinions go to the opinion-receiving office of the disposition authority named in the prior notice; appeals and stay applications go to the competent administrative appeals commission (Online Administrative Appeals or in writing via the disposition authority)

Confirm the current filing office, jurisdiction, and online availability on the official website.

Official check
Actual processing agencyAuthority that issued the disposition · Metropolitan or Provincial Administrative Appeals Commission · Central Administrative Appeals Commission
Statutory and policy authorityAuthority responsible for the applicable statute
Online routeOnline Administrative Appeal (simpan.go.kr)
04

Deadlines & processing notes

Deadlines & processing notes

Submission of opinions is within the deadline stated in the prior notice. An administrative appeal against a business suspension or administrative surcharge must be filed within 90 days from the date of knowing the disposition or within 180 days from the date of disposition, and surcharges are calculated under industry-specific standards. Administrative fines (gwataeryo) are not subject to administrative appeal: file a written objection with the imposing agency within 60 days from the date you received the notice of imposition (Article 20 of the Act on the Regulation of Violations of Public Order). Objection procedures for non-compliance charges differ by governing law and are checked case by case (e. g. , under the Farmland Act, an objection within 30 days of notification is followed by a court trial).Official check
05

Fees & official charges

Fees & official charges

Administrative service fee
  • Pre-disposition advance notice response statement: prepare and file from KRW 500,000
  • Prepare written hearing submission; attendance excluded from KRW 600,000
  • Post-disposition administrative appeal merits petition; stay of execution excluded from KRW 600,000
  • File administrative appeal after disposition and request stay of execution from KRW 800,000
  • Stay-of-execution documents for an existing business disposition administrative appeal from KRW 500,000
All administrative service fees exclude 10% VAT.
Government fee / taxNo government filing fee for the administrative appeal; document and delivery expenses may applyOfficial fee source

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and responses to up to two supplement requests.

Conditional success fee — For this service, any conditional success fee may be separately agreed within the lawful service scope and stated in a written engagement agreement. No outcome is guaranteed.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Fees & official charges →
06

Basic documents

Basic documents

Basic documents0 / 8

행정심판 청구서(별지 제30호서식)

HWP originalPDF

Source: Korea National Law Information Center, 「행정심판법 시행규칙」 별지 제30호서식(effective 2026.06.16.) · checked 2026.10.26. · the form is in Korean; confirm it is the current version before submitting.

집행정지신청서(별지 제33호서식)

HWP originalPDF

Source: Korea National Law Information Center, 「행정심판법 시행규칙」 별지 제33호서식(effective 2026.06.16.) · checked 2026.10.26. · the form is in Korean; confirm it is the current version before submitting.

Scope of services

Scope of services

Hwang Yunsang Administrative Agent Office prepares and translates documents for administrative agencies, submits them on your behalf, and guides you through permit, application, and notification procedures. Services that require the principal’s personal appearance, principal’s application, or electronic signature may be limited in delegation.