📌 TL;DR (3-Line Summary) - A pre-notification and opinion submission stage is the most realistic opportunity before an administrative penalty. - Mitigating circumstances must be facts proven by documents, not simply feeling "unfair." - After the penalty is issued, you need to consider the objection and administrative review deadlines and the request for conversion to a fine.
Table of Contents 1. The single line at the bottom of the notification 2. Why your self-written opinion didn't work 3. The process of converting mitigating circumstances into documents 4. Calculating for a fine instead of a business suspension 5. Results, and a checklist to leave behind
I am an administrative agent based in Yeongu-gu, Incheon (Songdo). Here’s a common consultation I’ve been receiving from my neighbors.
Business owners who have received a business suspension notice most often ask this question: "Isn't this already decided?" 😥 In most cases, it isn't. This is because that notification is often a pre-notification, not a 'penalty'.
## The single line at the bottom of the notification
This is the story of Seo-yoon, a woman in her early thirties who runs a brunch cafe in Yeongu-gu, Incheon. During a local government hygiene inspection, two packs of cream with an expiration date two days past were found in the back of the refrigerator. It was judged to be for cooking storage, and a notice arrived a few days later stating that a 15-day suspension of business would be imposed.
Seo-yoon used the money she saved for three years and added a loan to open this store. She has two employees, and rent is due every month. If she closes the store for 15 days, employee salaries and rent will continue to be paid, and revenue will be zero. Regular customers may also move to other stores in the meantime.
At the bottom of the notice was this sentence: "If you have any objections, please submit them by ○ month ○ day."
Ten days remained until that day. But this was just the beginning.
## Why the objection letter I wrote alone didn't work
Ms. Seo Yoon had already prepared a draft opinion. When she booked a phone consultation, she first sent the draft by email. The content was roughly as follows: - "I didn't know because it was my first time." - "It's difficult to make a living when the business closes." - "Please show leniency."
I fully understand her feelings. However, the administrative agency cannot be moved by just these sentences. The responsible department determines the disposition according to the administrative disposition criteria, and to deviate from the criteria, there must be sufficient facts and evidence.
Article 27 of the Administrative Procedure Act allows a party to submit an opinion before a disposition and requires the administrative agency to sincerely consider the submitted opinion. There is clearly an opportunity. The problem is what to include.
Reading the regulations is easy. It's difficult to show which facts in what order.
## Converting Mitigation Reasons into Documents
On Tuesday afternoon, Ms. Seo arrived at her scheduled appointment time. I organized the story into three branches.
① Circumstances of the Violation — Was it for Sale? The two packs of whipped cream were separated and placed in a designated return box based on the date of delivery. The problem was that the box was located in the inner section of the refrigerator, making it indistinguishable during the inspection. Why didn't she mention it at the time? 🤔 Ms. Seo said she didn't have any supporting documents. The return request was only exchanged via KakaoTalk with the delivery company driver, and the inspector couldn't change their judgment based on verbal explanation alone. → Therefore, we formally requested a return acceptance confirmation from the delivery company. The date on it was stamped before the inspection date.
② Usual Management Condition — Was it a One-Time Mistake? Ms. Seo was writing down the refrigerator temperature and date of entry in a handwritten notebook every day. She said it was "just a habit" and never intended to bring it. → I scanned the notebooks from the past six months and filed them in chronological order. This notebook will be an important resource for determining whether it was a one-time lapse in management or a habitual problem.
③ Actions Taken After the Violation — Were Preventive Measures Taken? → Immediately after the inspection, we labeled a dedicated return section and attached a record (certificate of completion) of re-receiving hygiene education from two employees.
There was a small commotion here. 😅 While filing, a page with "Strawberry 20kg order!!" was found in one of the notebooks. Ms. Seo smiled and said, "Strawberry shaved ice was a huge hit that week." I quietly removed that page. The principle is to only include necessary evidence.
## Fine Instead of Suspension of Business, Let's Calculate
The opinion included a request for leniency along with one additional point: a request to convert the business suspension into a fine.
Article 82 of the Food Hygiene Act stipulates that a fine may be imposed instead of a business suspension in certain cases, such as when the business suspension causes significant inconvenience to users or raises concerns about harming public interest. However, this is not applicable to all violations and depends on the type of violation and the decision of the administrative agency.
Therefore, we first did the calculation. - The fine is calculated based on the annual sales bracket and the number of days of business suspension. - Calculating based on Seo-yoon’s cafe sales, the fine was definitely lower than the loss (sales + labor costs + rent) from being closed for 15 days. - Another advantage of opting for a fine is that it prevents losing regular customers.
The conclusion was summarized as follows: 1st priority: leniency (reducing the suspension days) → 2nd priority: converting the reduced days into a fine. We included both of these in the opinion in order.
## Results, and a Checklist to Keep in Mind
The written opinion was submitted three days before the deadline. The results came out about a month later. The suspension of business was reduced from 15 days to 7 days, and those 7 days were converted to a fine. The store didn't close for even a single day. ✅
The administrative agency didn't accept all of the arguments. The part about "it was supposed to be returned" was acknowledged as a violation, stating that the responsibility for the management of the storage itself lies with the business operator. However, usual management records and immediate corrective actions were reflected as mitigating factors. In practice, it's much more common for cases to end with reduction rather than complete cancellation.
What if the opinion submission period had been missed? After the decision is made, you must file an objection (within 30 days from the date of receipt of the decision) according to Article 36 of the Administrative Basic Law or administrative review (within 90 days from the date of knowing about the decision). There is a way, but business suspension may begin during that time, so you must also file an application for suspension of execution. It becomes much more complicated.
A few weeks later, Seoyun brought a box of fig tart instead of strawberries. 🍰 She said it was the new seasonal menu for this fall.
📝 Check these points if you are in this situation ① Check from the title whether the received document is a preliminary notice or a decision document ② Write the opinion submission deadline on a calendar and count backward to prepare ③ Instead of "I didn't know·it was difficult," document the circumstances·usual management·corrective actions ④ Compare the possibility of conversion to a fine with the amount vs. business interruption losses ⑤ If it’s after the decision, objection 30 days·administrative review 90 days, and if necessary, suspension of execution as well
The requirements and decision criteria vary depending on the case, so individual verification is necessary.
This article is reconstructed based on actual consultation cases, and the characters, names, place names, and figures appearing therein are not related to any specific individuals or events.
Hwang Yun-sang Administrative Agent Office — We assist with permits, responses to administrative penalties, and administrative review documents in Songdo, Yeongu, Incheon. Feel free to leave an inquiry if you are in a similar situation.
