Prior opinions & explanations

How to Submit a Written Opinion for Reduction of an Administrative Fine — What to Do after a Prior Notice and Grounds for Reduction

Under the Act on the Regulation of Violations of Public Order, a prior notice is given and an opportunity to submit an opinion is provided before an administrative fine is imposed. The administrative authority may reduce the amount depending on the circumstances of the violation, whether it has been corrected, the person's financial situation and other factors, so the opinion submission period after the prior notice is received is the practical window for contesting the fine. After imposition, an objection may be filed within 60 days.

Procedure

  1. 1. Check the prior notice

    Check the details of the violation, the legal basis, the planned amount and the deadline for submitting an opinion. The opinion submission period is based on the date written in the notice, and once this period has passed, there is less opportunity to request a reduction.

  2. 2. Organize the grounds for reduction

    Set out the facts truthfully: whether the violation was unintentional, whether the harm was minor, whether the violation has already been corrected, whether it was voluntarily reported, whether you are in financial difficulty, and so on. The administrative fine imposition standards of individual statutes often separately specify the grounds and the range for reduction.

  3. 3. Prepare the written opinion with evidence attached

    Attach evidence to each claim, such as materials showing completed correction, materials on the circumstances, and income and property materials, prepare the written opinion, and submit it within the deadline. Showing the fact of voluntary correction with evidence is the key to reduction.

  4. 4. Consider the voluntary payment reduction

    If the grounds for contesting are not strong, another option is to pay voluntarily within the opinion submission period and receive a reduction within the range set by law. Compare, case by case, whether to request a reduction or to pay voluntarily.

  5. 5. Objection after imposition

    A written objection may be filed within 60 days from the date of receiving the notice of imposition of the administrative fine. Once an objection is filed, the imposition disposition loses its effect and the matter moves to an administrative fine trial at a court.

Required documents

  • Prior notice of imposition of an administrative fine
  • Written opinion
  • Materials showing the circumstances of the violation
  • Proof of completed correction (photographs, report receipt, contract, etc.)
  • Income and property materials showing financial hardship (where applicable)

Fees

There is no government fee for submitting an opinion. At Hwang Yunsang Administrative Office, the service fee for drafting a written opinion or statement of reasons starts from 150,000 won (VAT excluded). We will advise on the fee after a consultation, based on the amount of the administrative fine, the issues and the scope of evidence to be organized.

Legal basis and review date

  • Act on the Regulation of Violations of Public Order, Article 16
  • Act on the Regulation of Violations of Public Order, Article 14
  • Act on the Regulation of Violations of Public Order, Article 18
  • Enforcement Decree of the Act on the Regulation of Violations of Public Order, Article 5
  • Act on the Regulation of Violations of Public Order, Article 20
  • Act on the Regulation of Violations of Public Order, Article 13

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

  • The deadline for submitting an opinion and the deadline for the voluntary payment reduction are often the same, so decide which of the two to do before the deadline.

Frequently asked questions

I received a prior notice of an administrative fine. What should I do?
First check the deadline for submitting an opinion written in the notice. If you submit the circumstances of the violation, whether it has been corrected and the grounds for reduction, together with evidence, within that deadline, the administrative authority may reduce the amount or decide not to impose the fine.
What grounds are there for reduction of an administrative fine?
Commonly accepted grounds include the absence of intent, minor harm, immediate correction of the violation or voluntary reporting, and financial difficulty. The imposition standards of individual statutes specify the grounds and the range for reduction, so check them as well.
If there are several violations, are all the administrative fines added together?
Where a single act constitutes several violations of public order, the rule is that the heaviest administrative fine is imposed. Where the acts are different, a fine may be imposed for each, so the acts are examined one by one.
Can an administrative fine no longer be contested once it has been imposed?
A written objection may be filed within 60 days from the date of receiving the notice of imposition. Once an objection is filed, the imposition disposition loses its effect and the matter moves to an administrative fine trial at a court.
Can an administrative fine on a rental business operator also be reduced?
For an administrative fine imposed for reasons such as selling the property during the mandatory rental period, a reduction can also be requested through a written opinion after the prior notice. Materials showing the circumstances of the sale and a justifiable reason increase the likelihood of reduction.

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.