Administrative Appeals & Driver's License Relief: Frequently Asked Questions

You must file within 90 days from the date you became aware of the disposition, and once 180 days have passed from the date of the disposition, you cannot file unless there is a justifiable reason. The 90-day period is a fixed period that cannot be extended, so start by checking the date you received the notice.

Legal basis: Administrative Appeals Act, Article 27(1), (3) and (4)

You can submit it either to the administrative agency that made the disposition (the respondent) or to the administrative appeals commission, together with as many copies as there are respondents. The filing period is calculated based on when the petition is submitted there. If you submitted it to another agency because the administrative agency gave no guidance or incorrect guidance, that agency is required to forward it to the proper respondent.

Legal basis: Administrative Appeals Act, Article 23

When making a disposition, an administrative agency must inform you whether an administrative appeal can be filed and of the filing period. If it did not inform you of the filing period, you can file within 180 days from the date of the disposition, and if it incorrectly informed you of a period longer than 90 days, an appeal filed within that incorrectly stated period is also treated as lawfully filed.

Legal basis: Administrative Appeals Act, Article 27(5) and (6), Article 58(1)

Yes. You can prepare the appeal petition and attachments as electronic documents and submit them through the online administrative appeal system (electronic information processing system) designated by the commission, in which case you do not need to submit copies. The filing is deemed received when the filer confirms the receipt number in the system, and the filing period is also calculated from that time. If the deadline is close, make sure you confirm that a receipt number has been issued.

Legal basis: Administrative Appeals Act, Article 52(1) to (4)

An administrative appeal is filed in writing, and the petition states the appellant's name and address, the respondent (the administrative agency that made the disposition) and the administrative appeals commission, the details of the disposition, the date you became aware of the disposition, the relief sought and the grounds for the appeal, and whether and how the disposing agency informed you about administrative appeals. If the appellant is a corporation or the appeal is filed through a representative, the name and address of the corporation's representative or of the appointed representative are also stated, and the appellant or other filer signs or affixes a seal. The grounds should specifically set out why you consider the disposition unlawful or unjust, along with supporting materials.

Legal basis: Administrative Appeals Act, Article 28(1), (2), (4) and (5)

Yes. The appellant may withdraw the appeal in writing at any time before the commission makes its decision. Sign or affix your seal to a notice of withdrawal and submit it to the respondent or the commission; the body that receives it notifies the other relevant bodies and the parties of the withdrawal.

Legal basis: Administrative Appeals Act, Article 42(1), (3), (4) and (5)

No. If the defect can be corrected, the commission sets a period and requests correction, and the commission may correct minor matters on its own authority. An appellant who receives a request for correction must submit a written correction, and once corrected, the administrative appeal is deemed to have been lawfully filed from the beginning. If the defect is not corrected within the period set, the appeal may be rejected. The correction period is not counted in the period for the ruling (60 days).

Legal basis: Administrative Appeals Act, Articles 32(1), (2), (4), (5) and (6), and 45(1)

They do not have to be submitted with the petition. You can submit documentary or physical evidence supporting your claims attached not only to the appeal petition but also to a correction, supplementary brief and so on. Documentary evidence must be submitted with as many copies as there are other parties, and the commission sends those copies to the other party without delay.

Legal basis: Administrative Appeals Act, Article 34(1), (2) and (3)

Not if the agency that made the disposition failed to inform you of the appeal procedure or informed you incorrectly, causing you to file with another administrative agency. In that case the receiving agency must promptly forward the appeal to the proper respondent and notify you, and the filing period is counted from when you first submitted it to that agency. This rule does not apply if you were properly informed and still filed elsewhere, so submit the appeal to the disposing agency or the administrative appeals commission.

Legal basis: Administrative Appeals Act, Article 23(1)-(4) and Article 58

Yes. When an agency fails to act on an application, you can challenge the inaction through an appeal for performance of duty, which asks the agency to take a certain disposition. The person who applied for the disposition can file it, and the 90-day and 180-day filing periods do not apply to an appeal for performance of duty against inaction. You can also file an appeal for performance of duty against a rejection of your application, but in that case you must meet the filing period.

Legal basis: Administrative Appeals Act, Article 5 subparagraph 3, Article 13(3) and Article 27(7)

Yes, under certain conditions. Even if you are not the party to the disposition, you can file a revocation appeal if you have a legal interest in seeking its revocation or change. Simple inconvenience or dissatisfaction is not enough; the test is whether an individual interest protected by the governing law is infringed. The filing period is 90 days from the date you learned of the disposition and 180 days from the date of the disposition.

Legal basis: Administrative Appeals Act, Article 13(1) and Article 27(1) and (3)

Another person can take over the claimant's position. If the claimant dies, the heir or other person who succeeded to the rights or interests takes over, and if a corporate claimant ceases to exist through a merger, the surviving or newly established corporation takes over, reporting the reason in writing to the Commission with supporting documents. A person who acquired the rights or interests related to the appeal may take over only with the Commission's permission, and if permission is refused, an objection may be filed within 7 days of receiving the original decision.

Legal basis: Administrative Appeals Act, Article 16

Not immediately. The respondent is the administrative agency that issued the disposition (or the agency that took over the authority), and if the claimant names the wrong respondent, the administrative appeals commission may, on its own authority or at a party's request, decide to correct the respondent. Once the correction is decided, the appeal is deemed to have been filed against the new respondent at the time of the original filing, so the filing period is judged by the date the original petition was submitted. A party who objects to the correction decision may file an objection with the commission within 7 days of receiving the original copy of the decision.

Legal basis: Administrative Appeals Act, Article 17(1), (2), (4) and (6)

Yes. Several people may file an administrative appeal jointly and may choose up to 3 appointed representatives from among the appellants. Once representatives are appointed, the other appellants may act in the case only through them; the representatives may take all actions in the case on behalf of the others, but to withdraw the appeal they must obtain the other appellants' consent and prove it in writing. If the appellants do not appoint representatives, the administrative appeals commission may recommend that they do so, and the appellants may dismiss or replace their representatives when necessary, notifying the commission in writing without delay.

Legal basis: Administrative Appeals Act, Article 15(1) to (5)

Most administrative fines are challenged by filing an objection rather than an administrative appeal. For fines governed by the Act on the Regulation of Violations of Public Order, a written objection can be filed with the imposing agency within 60 days of receiving the notice of imposition, and once an objection is filed the fine disposition loses its effect. The agency must notify the competent court within 14 days of receiving the objection, attaching its opinion and supporting documents, and the fine is then decided in court proceedings. If the objection is found to be justified and no fine needs to be imposed, the agency does not notify the court.

Legal basis: Act on the Regulation of Violations of Public Order, Articles 20 and 21

A ruling must be made within 60 days from the date the respondent or the commission received the appeal petition, and in unavoidable cases the chairperson may extend this by 30 days. When extending, the parties must be notified at least 7 days before the period ends.

Legal basis: Administrative Appeals Act, Article 45

Yes. You can request an oral hearing. Administrative appeals are reviewed in writing or through an oral hearing, and if a party requests an oral hearing, the commission must hold one unless it considers that a decision can be made on the written record alone; it decides whether to allow the request and notifies the applicant. Because an oral hearing may not be allowed, make sure your petition and supporting materials fully set out your circumstances.

Legal basis: Administrative Appeals Act, Article 40

Yes, you can rebut it with a supplementary brief. The disposing agency (respondent) must send its written answer to the commission within 10 days from the date it receives or is forwarded the appeal petition, and the commission serves a copy of the written answer on the appellant. The written answer states the grounds and reasons for the disposition and the response to the purport and reasons of the appeal. The appellant may submit a supplementary brief to the commission to supplement the appellant's arguments or rebut the written answer, and if the commission sets a deadline for submission, it must be filed within that deadline. Hwang Yunsang Administrative Office reviews the written answer, prepares the supplementary brief, and submits it on your behalf.

Legal basis: Administrative Appeals Act, Articles 24(1) and (6), 26(2), and 33(1) and (2)

Yes. The agency (respondent) that receives the appeal petition may, if it finds the appeal well-founded, cancel or change the disposition on its own initiative or make the requested disposition in line with the purpose of the appeal, and must notify the appellant in writing. Unless the appellant withdraws the appeal, the agency submits documents proving the cancellation to the commission together with its answer.

Legal basis: Administrative Appeals Act, Article 25(1) and (2)

No. If the agency issues a new disposition or changes the disposition, the claimant can amend the purport or grounds of the claim accordingly. The amendment is requested in writing with copies for each respondent, and if the commission permits it, the claim is treated as having been filed with the amended content from the time of the original filing. You can file an objection to a refusal within 7 days of receiving it.

Legal basis: Administrative Appeals Act, Article 29

Yes, under conditions. With the consent of the parties, the Administrative Appeals Commission may mediate within the scope of the parties' rights and powers, but it does not mediate if the mediation is not consistent with public welfare or goes against the nature of the disposition. Mediation is concluded when the parties' agreement is written in a mediation record, signed or sealed by the parties and confirmed by the Commission. The provisions on the binding force of rulings apply to a concluded mediation, so the agency must also follow it.

Legal basis: Administrative Appeals Act, Article 43-2, Article 49

Yes. A party may apply to the commission for an examination of evidence. If the commission finds it necessary, it may have a party or a related person (including officials of the relevant agency) appear at its meeting for questioning, require documents, books or objects to be submitted, ask an expert for an appraisal, or enter a business site or other place to ask questions and inspect. Because the commission decides whether to examine evidence, state specifically in the petition or a supplementary brief what you want the examination to confirm.

Legal basis: Administrative Appeals Act, Article 36(1)

No. Once a ruling has been made on an appeal, you cannot file another administrative appeal against that ruling or the same disposition. To challenge a dismissal, you must bring an administrative lawsuit within 90 days from the date you received the authenticated copy of the written ruling, so it is important to submit all your livelihood circumstances and supporting materials when you first file.

Legal basis: Administrative Appeals Act, Article 51; Administrative Litigation Act, Article 20(1)

Yes. A ruling granting an appeal binds the respondent agency and other relevant administrative agencies, so the agency must follow the ruling. If a disposition rejecting an application is revoked by a ruling, the disposing agency must make a new disposition on the original application in line with the ruling, and if a ruling orders the agency to carry out a disposition, it must do so without delay in line with the ruling.

Legal basis: Administrative Appeals Act, Article 49(1) to (3)

No. The administrative appeals commission cannot make a ruling less favorable to the appellant than the disposition under appeal. It also cannot rule on matters other than the disposition under appeal. The result is therefore either that the appeal is granted (revocation or modification) or that it is dismissed or dismissed as inadmissible, and the disposition is never changed into a heavier one.

Legal basis: Administrative Appeals Act, Article 47(1) and (2)

You are notified by being served with an authenticated copy of the written ruling, and the ruling takes effect when the authenticated copy is served on the appellant. When the commission makes a ruling, it must send an authenticated copy of the written ruling to the parties without delay. A ruling is made in writing, and the written ruling states the order, the purport of the appeal, the reasons, and the date of the ruling. If the appeal is dismissed, the 90-day period for filing administrative litigation is also counted from the date the authenticated copy of the written ruling is served, so you should record the date you received it.

Legal basis: Administrative Appeals Act, Articles 46(1) and (2) and 48(1) and (2); Administrative Litigation Act, Article 20(1)

You can apply to the administrative appeals commission for a direct disposition or indirect compulsion. When a ruling orders the agency to perform a disposition it refused or left pending, the agency must promptly issue it in line with the ruling; if it does not, the commission may, on the party's application, order correction in writing within a set period and then issue the disposition itself if the agency still fails to comply. If you apply for indirect compulsion, the commission may order compensation according to the period of delay, and the original of that decision has the same effect as an enforceable title for compulsory execution. Dispositions that by their nature the commission cannot issue itself are excluded from direct disposition.

Legal basis: Administrative Appeals Act, Article 49(3), Article 50(1) and Article 50-2(1) and (5)

Yes, in exceptional cases. Even if the Administrative Appeals Commission finds that the appeal has merit, it may issue a ruling dismissing the appeal (a circumstantial ruling) if granting it would seriously harm the public welfare. In that case, the Commission must specifically state in the order of the ruling that the disposition is illegal or unjust, and it may take appropriate relief measures for the appellant or order the respondent agency to take them. Circumstantial rulings do not apply to appeals seeking confirmation of nullity.

Legal basis: Administrative Appeals Act, Article 44

An objection is a procedure filed with the commissioner of the metropolitan or provincial police agency within 60 days from the date you received the disposition, and it is reviewed by the Driver's License Administrative Disposition Objection Review Committee. You can file an administrative appeal regardless of the objection, and if you have been notified of the result of an objection, you can file an administrative appeal within 90 days from the date of that notice.

Legal basis: Road Traffic Act, Article 94(1) and (3)

Grounds for reduction include: driving is an important means of supporting your family's livelihood; you were a model driver who had done traffic volunteer work for 3 years or more at the time of the disposition; or you received a commendation from a police station chief or higher for catching a hit-and-run driver. However, you are not eligible for reduction if any one of the following applies: a blood alcohol concentration over 0.1 percent; an accident causing personal injury while drunk driving; refusing a sobriety test, fleeing, or assaulting the enforcing police officer; 3 or more accidents causing personal injury within the past 5 years; or a record of drunk driving after June 30, 2001.

Legal basis: Enforcement Rule of the Road Traffic Act, Annex 28, No. 1, item (f)(1)(a)

If the disposition standard is license revocation, it is changed to a suspension with the disposition penalty points set at 110; if it is a suspension, the number of suspension days to be served is cut by one-half.

Legal basis: Enforcement Rule of the Road Traffic Act, Annex 28, No. 1, item (f)(2)

No. If the disposition was reduced through review by the objection review committee or through an administrative appeal or administrative lawsuit, completing the mandatory special traffic safety education or the (recommended) law-compliance education does not further shorten the suspension period. In that case, submitting the education completion certificate to the police station chief only reduces your cumulative points by 20.

Legal basis: Enforcement Rule of the Road Traffic Act, Annex 28, No. 1, item (d)(1)(b) and (c)

Yes, if you meet the requirements. There must be a ground for reduction, such as driving being an important means of supporting your family or being a model driver who has done traffic volunteer work for 3 years or more at the time of the disposition, and you are not eligible if, within the past 5 years, you have any of the following: a license revocation, 3 or more traffic accidents causing injury, 3 or more license suspensions, or a disposition reduced through the objection review committee, an administrative appeal or an administrative lawsuit. If reduced, it becomes a suspension with the disposition penalty points set at 110, combining the accumulated points before revocation and the disposition points. The objection must be filed with the Commissioner of the Metropolitan or Provincial Police Agency with jurisdiction over your address within 60 days from the date you received the disposition, using the Driver's License Disposition Objection Form (Form No. 87 of the Enforcement Rule of the Road Traffic Act).

Legal basis: Road Traffic Act, Article 94(1); Enforcement Rule of the Road Traffic Act, Article 95 and Annex 28, No. 1(f)(1)(b), (2) and (3)

Conditionally, yes. If there was an unavoidable reason, such as being unable even to apply for a postponement of the regular aptitude test, and applying the revocation standard as is would be clearly unreasonable, this is a ground for reduction. In that case, file an objection with the Provincial Police Agency commissioner for your address within 60 days from the day you learned of the disposition, and the reduction is decided after review by the driver's license administrative disposition objection committee. If reduced, the revocation becomes a suspension with 110 penalty points.

Legal basis: Enforcement Rules of the Road Traffic Act, Annex 28, item 1(f)(1)(c), (2) and (3)

No. License revocation or suspension is an administrative disposition by the Commissioner of the Metropolitan or Provincial Police Agency and is contested through an objection or administrative appeal, while fines and imprisonment are decided separately in criminal proceedings under the penal provisions of the Road Traffic Act. For a person with no final sentence of a fine or heavier for drunk driving within 10 years, the statutory penalty is imprisonment of up to 1 year or a fine of up to KRW 5 million for a blood alcohol concentration of 0.03% or more but under 0.08%, and imprisonment of 1 to 2 years or a fine of KRW 5 million to 10 million for 0.08% or more but under 0.2%. Because the license reduction and the criminal case proceed separately, keep track of the deadlines and supporting documents for each procedure.

Legal basis: Road Traffic Act, Article 93(1), Article 94(1) and (3), Article 148-2(1) and (3)

Yes. Before suspending or revoking a driver's license, the provincial police agency commissioner or police station chief sends an advance notice, and the person notified or their representative may appear on the designated date or raise an objection in writing. If no objection is raised by the designated date, it is deemed that there is no objection, so a written statement and materials explaining the circumstances of the enforcement and your livelihood situation should be submitted before that date. After the disposition is decided, you can challenge it through an objection (within 60 days from the date you received the disposition) or an administrative appeal.

Legal basis: Enforcement Rule of the Road Traffic Act, Article 93(1) and (2); Road Traffic Act, Article 94(1)

If your license is revoked once for drunk driving (including refusing a sobriety test), in principle you can obtain a license again only after 1 year has passed from the date of revocation. The period is 2 years if you violated 2 or more times or caused a traffic accident while drunk driving, and 5 years if you injured someone while drunk driving and did not provide aid or report it, or caused someone's death. Even after the disqualification period ends, you must complete mandatory special traffic safety education before you can obtain a license, and a person whose license is revoked again for drunk driving within 5 years from the date of an earlier drunk driving offense must drive under a conditional license requiring an ignition interlock device for a period equal to the disqualification period.

Legal basis: Road Traffic Act, Article 82(2), subparagraphs 3, 6 and 7, and Article 82(3), Article 80-2(1) and (2)

Driving a motor vehicle while your driver's license is suspended counts as driving without a license and is punishable by imprisonment of up to 1 year or a fine of up to KRW 3,000,000. If your license is revoked as a result, you cannot obtain a license again for 1 year from the date of revocation, and if you injured someone and did not take the necessary measures or report it, 5 years must pass. If you received a 110-day suspension through a drunk driving reduction, do not drive until the suspension period ends.

Legal basis: Road Traffic Act, Article 43, Article 152, subparagraph 1, Article 82(2), subparagraph 1

Your driver's license is revoked if the penalty points for a single violation or accident, or your cumulative points, reach 121 or more in 1 year, 201 or more in 2 years, or 271 or more in 3 years. Even below these levels, you become subject to suspension if your penalty points or disposition penalty points reach 40 or more, and in principle the suspension period is calculated at 1 day per point. Revocations and suspensions based on accumulated points can also be challenged through an objection or an administrative appeal, so start by checking the date you received the notice.

Legal basis: Enforcement Rule of the Road Traffic Act, Annex 28, No. 1, item (c); Road Traffic Act, Article 94(1)

A blood alcohol concentration of 0.03 percent or more but less than 0.08 percent results in 100 penalty points and a license suspension, and 0.08 percent or more results in license revocation. Even at 0.03 percent or more, the license is revoked if you killed or injured someone while drunk driving, or if a person who previously drove drunk, refused a sobriety test, or obstructed a sobriety test drives again at 0.03 percent or more. Both suspensions and revocations can be challenged through an objection (within 60 days from the date you received the disposition) or an administrative appeal.

Legal basis: Road Traffic Act, Article 44(4), Article 93(1), subparagraphs 1 and 2, Article 94(1); Enforcement Rule of the Road Traffic Act, Annex 28

If you are issued a temporary driving permit, you can drive during its validity period. A person subject to a license revocation or suspension who submits their driver's license can be issued a temporary driving permit, which has the same effect as a driver's license during its validity period. For a person subject to a disposition, the validity period can be set at up to 40 days, and if the police station chief deems it necessary, it can be extended once by up to 20 days. Once the validity period ends, this effect also ends, so check the date written on the permit.

Legal basis: Road Traffic Act, Article 91(1), subparagraph 3, and Article 91(2); Enforcement Rule of the Road Traffic Act, Article 88(2)

You must return it within 7 days from the date you received the disposition to the commissioner of the metropolitan or provincial police agency with jurisdiction over your address; a mobile driver's license is returned electronically. If you do not return it, a police officer may retrieve it directly, and refusing or obstructing retrieval is punishable by a fine of up to KRW 200,000, detention, or a petty fine. A license returned because of a suspension is given back to you as soon as the suspension period ends.

Legal basis: Road Traffic Act, Article 95(1), subparagraphs 1 and 2, and Article 95(2) and (3), Article 156, subparagraph 7

It is a ground for revocation of the license, and a mandatory one that cannot be reduced to a suspension. If you refuse a police officer's alcohol test even though there are reasonable grounds to believe you were under the influence, the Commissioner of the provincial police agency must revoke your license, and criminally you face imprisonment of 1 to 5 years or a fine of KRW 5 million to 20 million. Refusing the alcohol test is excluded from livelihood-based reductions even if such grounds exist, so when challenging the disposition you need materials showing whether there were reasonable grounds to request the test and whether the request process was lawful.

Legal basis: Road Traffic Act, Article 44(2), Article 93(1)3, Article 148-2(2)1; Enforcement Rule of the same Act, Annex 28, Item 1(f)(1)(a)3)

They expire if certain conditions are met. If the disposition penalty points are under 40, they expire once 1 year passes from the last violation or accident date without any further violation or accident. Penalty points are accumulated and managed over the past 3 years based on the date of the violation or accident in question, so a new violation within that year is added to the existing points. A driver who signs a no-violation, no-accident pledge under the National Police Agency notice and keeps it for 1 year receives 10 bonus points that can be deducted from the accumulated points when later facing a suspension, but they cannot be deducted for suspensions due to drunk driving, fatal accidents and similar grounds.

Legal basis: Enforcement Rule of the Road Traffic Act, Annex 28, Item 1(b)(1) to (3)

A new driver's license will be issued. If you receive a decision not to refer or not to indict for lack of suspicion, or an acquittal becomes final, for the traffic accident or violation that caused the revocation, the provincial police agency commissioner notifies the Korea Road Traffic Authority, which must immediately issue a new driver's license. The new license is valid for the remaining period of the regular aptitude test or license renewal period at the time of revocation. However, this rule does not apply if the case is investigated and prosecuted again after the non-referral or non-indictment and a guilty verdict becomes final.

Legal basis: Enforcement Rule of the Road Traffic Act, Article 93(6)

Not necessarily. The police must send a decision notice when they decide to revoke or suspend a driver's license, but if the person cannot be located, the notice may be replaced by posting it for 14 days on the bulletin board of the police office having jurisdiction over the address recorded in the driver's license register. The advance notice sent before the disposition may also be replaced by posting in the same way if the address cannot be confirmed or mailing is impossible. If you did not receive a notice, first check with the police station whether a disposition was made and when it was posted, and calculate the deadlines for an objection or administrative appeal based on that information.

Legal basis: Road Traffic Act, Article 93(4); Enforcement Rule of the Road Traffic Act, Article 93(1) and (3)

No. Even if you file an administrative appeal, the disposition remains in effect. If there is an urgent need to prevent serious harm caused by the disposition, you must separately apply for a stay of execution, which you can do at the same time as filing the appeal or at any time before the commission makes its decision.

Legal basis: Administrative Appeals Act, Article 30(1), (2) and (5)

Submit a written application stating the relief sought and its grounds to the administrative appeals commission; you can apply at the same time as filing the appeal or at any time before the commission makes its decision. If you apply for a stay of execution at the same time as submitting the appeal petition to the disposing agency, also submit a copy of the appeal petition and a certificate of receipt. There must be an urgent need to prevent serious harm caused by the disposition, and a stay is not allowed if it is likely to seriously affect public welfare. If waiting for the commission's review and decision risks serious harm, the chairperson may decide first on their own authority.

Legal basis: Administrative Appeals Act, Article 30(2), (3), (5) and (6)

You can apply for a temporary disposition. If the disposition or omission is considerably suspected to be illegal or unjust and a temporary status needs to be set to prevent serious disadvantage or imminent danger, the commission decides on a temporary disposition on its own initiative or upon application. However, a temporary disposition is not allowed where the purpose can be achieved by a suspension of execution.

Legal basis: Administrative Appeals Act, Article 31(1) and (3)

Yes, it can be reduced if grounds for reduction apply. The standards for administrative dispositions under the Food Sanitation Act allow the business suspension period to be reduced by up to one-half in cases such as where the violation is minor or resulted from trivial, unintentional carelessness, or where the prosecution suspended indictment or the court suspended sentencing and there was no intent or no risk to health. Establishments designated with a hygiene rating are eligible for reduction only for a first violation, and where the violation calls for revocation of the business permit or closure of the business premises, it may be reduced to a business suspension of 3 months or more. If the disposing agency did not take such circumstances into account, you can challenge the disposition in an administrative appeal by submitting an account of the circumstances and supporting materials.

Legal basis: Enforcement Rule of the Food Sanitation Act, Article 89, Annex 23, I. General Standards, No. 15

Yes. Before making a disposition that restricts rights or interests, such as a business suspension, an administrative agency must notify you in advance of the cause and details of the disposition, its legal basis, and the deadline for submitting opinions, and before the disposition the party may submit opinions in writing, orally, or through an information and communications network, with supporting evidence attached. The deadline for submitting opinions is to be set taking into account a period of 10 days or more, and if you do not submit opinions by the deadline without a justifiable reason, you are deemed to have no opinion. Submitting the circumstances of the violation and the grounds for reduction as documents at this stage lets you carry the same materials forward into an administrative appeal after the disposition is issued.

Legal basis: Administrative Procedures Act, Article 21(1) and (3), Article 27(1), (2) and (4)

Yes, it can be reduced if grounds for reduction apply. The disposition standards under the Public Health Control Act allow a business suspension or license suspension to be reduced by up to one-half of the standard number of days, and a closure of the business premises to be reduced to a business suspension of 3 months or more, where the violation is minor or the business operator received a suspension of indictment from the prosecutor or a suspended sentence from the court. For example, the standard for a first violation by a lodging business that let guests gamble or engage in other speculative acts is a 1-month business suspension. Mitigating circumstances must be submitted with supporting materials, either in an opinion submitted before the disposition or in an administrative appeal, to ask that they be taken into account.

Legal basis: Public Health Control Act, Article 11(1); Enforcement Rule of the same Act, Article 19(1), Annex 7, I. General Standards, No. 5 and II. Individual Standards, No. 1

If you do not submit an opinion by the deadline without a justifiable reason, you are deemed to have no opinion and the disposition procedure proceeds. The advance notice states the facts and legal basis of the disposition and the agency and deadline for opinions, and the administrative agency must set the deadline allowing at least 10 days for submitting an opinion. Opinions can be submitted in writing, orally or through an information network, together with supporting evidence, so it is best to organize your circumstances and materials and submit them within the deadline after receiving the notice. Once the disposition is issued, an administrative appeal can be filed within 90 days of learning of the disposition.

Legal basis: Administrative Procedures Act, Article 21(1) and (3), Article 27; Administrative Appeals Act, Article 27(1)

Unlike a lawsuit, an administrative appeal has no filing fee such as stamp duty. The only separate cost is the service fee if you have someone prepare the documents for you.

Yes. An administrative agent reviews the disposition notice and the circumstances, prepares the administrative appeal petition and the application for a stay of execution, organizes supporting materials such as petitions for leniency and documents on your livelihood, and files them on your behalf. After filing, the agent also reviews the respondent's answer, prepares and submits supplementary briefs, and keeps track of progress until the ruling is issued.

Yes. An appellant who cannot appoint a representative due to financial circumstances may apply to the administrative appeals commission for a state-appointed representative. Eligible persons are recipients of basic livelihood security benefits, persons eligible for single-parent family support, recipients of the basic pension, recipients of the disability pension, North Korean defectors under protection, and others recognized by the chairperson. The application must be submitted before the hearing date, and the commission may decline to appoint one if the appeal is clearly inadmissible or without merit.

Legal basis: Administrative Appeals Act, Article 18-2; Enforcement Decree of the Administrative Appeals Act, Article 16-2(1) and (2)

Yes. The appellant may appoint as a representative their spouse, or a blood relative of the appellant or the spouse within the fourth degree of kinship. If the appellant is a corporation, its officers or employees may act as representatives, and other persons may become representatives with the commission's permission. Even in this case, the appellant is the person who received the disposition. Hwang Yunsang Administrative Office prepares the petition and supplementary briefs and files them on your behalf.

Legal basis: Administrative Appeals Act, Article 18(1)

For driver's license dispositions, you must first go through an administrative appeal before you can bring an administrative lawsuit, and the administrative appeal has many advantages. There is no filing fee, and you can challenge not only a disposition that is unlawful but also one that is unjust because it is too severe, so you can seek a reduction based on circumstances such as your livelihood. A ruling must be made within 60 days from the date the petition is received (extendable by 30 days if unavoidable), and if no ruling has been made after 60 days, you can proceed to a lawsuit without waiting.

Legal basis: Road Traffic Act, Article 142; Administrative Appeals Act, Article 5, subparagraph 1, and Article 45; Administrative Litigation Act, Article 18(2), subparagraph 1

You must file a revocation suit within 90 days from the date you were served with the authenticated copy of the written ruling, and once 1 year has passed from the date of the ruling, you cannot file unless there is a justifiable reason. The 90-day period is a fixed period that cannot be extended, so write down the date you received the written ruling. If you have not yet received the written ruling, the 90 days are counted from the date you are actually served with it.

Legal basis: Administrative Litigation Act, Article 20

No. Unless another law requires an administrative appeal first, you can file a revocation lawsuit directly without an administrative appeal; an appeal must come first only where a law requires it, as with driver's license dispositions. If you sue directly, you must file within 90 days from the date you learned of the disposition and within 1 year from the date of the disposition, and if you filed an administrative appeal first, you can sue within 90 days from the date you received the original copy of the written ruling. An administrative appeal can challenge not only illegality but also a disposition that is unreasonably heavy, so for cases where mitigating circumstances matter, it is worth considering an administrative appeal first.

Legal basis: Administrative Litigation Act, Article 18(1), Article 20(1) and (2); Administrative Appeals Act, Article 5 subparagraph 1

Yes. A revocation lawsuit against a disposition can be filed directly without going through an administrative appeal even where an appeal is available, so it is possible to file a lawsuit on the same disposition while also filing an administrative appeal. However, for dispositions where another law requires an administrative appeal first, a ruling must in principle be obtained first, although a lawsuit may be filed without a ruling where, for example, no ruling has been made within 60 days of filing the appeal. A lawsuit must be filed within 90 days of learning of the disposition, or, if an administrative appeal was filed, within 90 days of receiving the original copy of the ruling.

Legal basis: Administrative Litigation Act, Article 18(1) and (2), Article 20(1)

In principle, you challenge the original disposition. A revocation lawsuit is brought against the disposition, and a lawsuit seeking revocation of the ruling itself is limited to cases where the ruling has its own inherent illegality. So even after a dismissal ruling, if you claim the disposition is illegal, you sue over the disposition; you target the ruling only when contesting procedural or formal defects that exist only in the ruling.

Legal basis: Administrative Litigation Act, Article 19