2-1 · Prior opinions & explanations

Opinion Submission and Reduction for Prior Notice of Fines for Negligence

Under Article 16 of the Act on the Regulation of Violations of Public Order, before imposing a fine for negligence the administrative agency gives the party prior notice and an opportunity to submit opinions within a period of at least 10 days. Depending on the circumstances of the violation, intent or negligence, correction and financial situation, the agency may reduce the amount or not impose it within the imposition standards of the individual law, so the opinion submission period after the prior notice is the practical window to request a reduction. If there is little to dispute, you may also pay voluntarily within the opinion submission period and receive a reduction of up to 20/100 of the fine (Article 18 of the same Act and Article 5 of its Enforcement Decree). After imposition, you may file a written objection within 60 days of receiving the notice, and once an objection is filed, the imposition loses effect and the case moves to a court fine trial.

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#Opinion Submission and Reduction for Prior Notice of Fines for Negligence#Official check#2-1
🌐 How to Submit a Written Opinion for Reduction of an Administrative Fine
01

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.

  1. 01

    Check the prior notice: Check the violation, legal basis, planned amount and opinion submission deadline. The opinion submission period is based on the date in the notice, and missing it reduces the chance to request a reduction.

  2. 02

    Compare the imposition standards and reduction grounds: Find the reduction grounds and range in the fine imposition standards of the relevant enforcement decree, and truthfully organize whether there was no intent, the harm was minor, the violation has been corrected, it was self-reported, or there are financial difficulties.

  3. 03

    Prepare and submit the opinion statement: Prepare an opinion statement with evidence attached for each argument, such as proof of correction, materials on the circumstances of the violation and income and property records, and submit it within the deadline. Showing the date of voluntary correction with evidence provides the basis for the reduction decision.

  4. 04

    Compare with voluntary payment reduction: If there is little to dispute, you can pay voluntarily within the opinion submission period and receive a reduction of up to 20/100. Compare whether requesting a reduction or paying voluntarily is better based on the planned amount and reduction grounds.

  5. 05

    Object after imposition: You may file a written objection with the imposing agency within 60 days of receiving the notice of imposition. Once an objection is filed, the case moves to a court fine trial and the voluntary payment reduction no longer applies, so weigh the benefit first.

02

Filing route

Filing route

Administrative agency intending to impose the fine (within the deadline stated in the prior notice)

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

Official check
Actual processing agencyCompetent Korean authority or official service
Statutory and policy authorityCompetent Korean authority or official service
Online routeGovernment24
03

Deadlines & processing notes

Deadlines & processing notes

Check deadlines and next steps against the notice, filing date, and any request for additional documents.Official check
04

Basic documents

Basic documents

Basic documents0 / 7

The opinion submission deadline and the voluntary payment reduction deadline are often the same day, and the voluntary payment reduction does not apply if an objection sends the case to trial, so decide among requesting a reduction, paying voluntarily or objecting before the deadline.

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.