How to File an Administrative Appeal against Business Suspension — Stay of Execution, Conversion to a Penalty Surcharge, and Materials for Reduction

Procedure

1. 1. Preserve evidence right after the incident

   First secure the CCTV footage, the circumstances of the ID check, and staff training records and text messages. Circumstances showing that the business owner had no intent, such as a minor deceiving staff about identity, become harder to prove as time passes.

2. 2. Submit a written opinion at the prior notice stage

   When the prior notice of the disposition arrives, submit your opinion within the deadline. Submit with it a handwritten statement of circumstances, the sanitation education completion certificate, receipts and photos of cleaning and disposal, and a written pledge to prevent recurrence.

3. 3. File the administrative appeal and apply for a stay of execution

   Once the disposition is issued, file an administrative appeal within 90 days. If the business suspension is about to start, apply for a stay of execution at the same time, stating specifically the risk of serious damage and the urgent circumstances, so that you can keep operating before the ruling.

4. 4. Organize grounds for reduction and procedural issues

   Set out monthly sales, monthly rent, labor costs and loans in numbers, and show dependents with family relation documents. Also review procedural problems such as an omitted prior notice, unclear on-site photos or the absence of a witness present at the inspection.

5. 5. Request conversion to a penalty surcharge

   If the violation is minor and there is hardship in making a living, you can request that the business suspension be replaced with a penalty surcharge. Whether conversion is possible depends on the statute on which the disposition is based.

Required documents

• Administrative appeal petition (Enforcement Rule of the Administrative Appeals Act, Form No. 30)
• Prior notice of disposition or business suspension disposition notice
• Business report certificate, business registration certificate
• Handwritten statement of circumstances, staff training records
• Proof of correction (cleaning and disposal receipts, photos), sanitation education completion certificate, checklists
• Written pledge to prevent recurrence
• Sales, rent, labor cost and loan materials, family relation certificate
• CCTV footage and other materials from the time of the incident

Fees

There is no official fee for filing an administrative appeal. At Hwang Yunsang Administrative Office, the service fee for relief from business suspension and penalty surcharges starts from 1,000,000 won (VAT excluded), and varies depending on whether we handle the case from the written opinion stage and whether we also draft the application for a stay of execution. We review the disposition and inform you of the fee after a consultation.

See fees and official charges for this service →

Legal basis and review date

• Administrative Appeals Act, Article 27
• Administrative Appeals Act, Article 30
• Administrative Procedures Act, Article 21
• Food Sanitation Act, Article 75
• Food Sanitation Act, Article 82
• Food Sanitation Act, Article 100

Checked against the statutes on 2026-09-30

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 the start date of the business suspension is near, prepare a schedule to submit the administrative appeal and the application for a stay of execution on the same day.

Frequently asked questions