📌 3-Line Summary
- This is a case of a side dish store that received a 15-day suspension of business due to a refrigerator malfunction and filed for administrative review and suspension of execution.
- Instead of claiming “I didn’t receive the notice,” the focus shifted to malfunction records and management records.
- While continuing business with a suspension of execution, the final decision resulted in a change to a fine.
Table of Contents
- 9 Days Until the Suspension of Business Begins
- The Argument First Abandoned
- Records Found in a Drawer
- Administrative Review Application and Application for Suspension of Execution
- Until the Decision Was Made
- If You Received a Similar Order
There were 9 days left until the suspension of business began. A short email arrived with a photo of the order. “We haven’t closed the door in 8 years. Is there a way?”
1. 9 Days Until the Suspension of Business Begins
The client was a woman in her late 30s who, along with her husband, ran a side dish store in a residential area of Incheon Yeongsu-gu. She had two employees, and approximately 80 regular delivery orders were placed.
Last summer, during a hygiene inspection, one of the refrigerators where side dish ingredients were stored was over the standard temperature. It had been malfunctioning since the night before. Following a prior notification, a 15-day suspension order arrived about a month later.
- 11th day after receiving the order, first contact
- 9 days until the start of the suspension
- The administrative complaint filing period is 90 days from the date of notification of the order
The filing period was generous, but the meaning diminishes if the suspension begins first. Therefore, we decided to file an administrative complaint and an application for suspension of execution on the same day.
2. The Argument First Abandoned
The part that the client felt most wronged about was not having seen the prior notification. It turns out the registered mail was received by a part-time worker and placed in the cash register drawer. A bag of caramels to give to customers was placed next to the notification. 🍬
I told them that if the registered mail sent to the store address was received by an employee, it is considered to have been served. I said that using this argument would undermine the credibility of the entire claim. The client was silent for a moment and then nodded.
Instead, we narrowed down the points to dispute as follows:
- There was no intent: The violation occurred the night before the inspection.
- There was usual management: Temperature records were consistently kept.
- The disposition is excessive: There is no history of violations in 8 years, and the business suspension has a large impact on livelihood and customer damage.
3. Records Found in the Drawer
The data was more extensive than I expected.
- Refrigerator Repair Technician’s Work Verification Form: Time of malfunction report was 10:40 PM the night before the inspection.
- Handwritten Temperature Record Notebook (6 months’ worth)
- Photograph of Discarded Ingredients on the day of the malfunction and food waste disposal record.
- Receipt for Temperature Alert Sensor installed after the inspection.
While flipping through the temperature notebook, I noticed random notes mixed in next to each entry, such as “Today’s pickled radish is a hit.” I left them as they were in the submission. This serves as proof that they were written by hand every day. 😊
Conversely, there were also materials that I excluded. I kept only a few representative copies of the approximately 30 letters of support written by regular customers. It’s more persuasive to have factual evidence come before pleas for understanding.
4. Administrative Review Application and Application for Suspension of Execution
Hwang Yunsang Administrative Agent Office prepares and submits administrative appeal requests and suspension of execution applications. This time, both documents were received online on the same day.
The Administrative Appeal Request included the factual background of the administrative action, the circumstances where there was no intent, and the mitigating circumstances based on the administrative action standard. It also included a request in the petition to change the suspension of business to a surcharge. The Food Hygiene Act Article 82 allows for the substitution of suspension of business with a surcharge.
The Application for Suspension of Execution included the fact that regular delivery customers would be cut off and employee salaries would be blocked if the suspension of business started first, with numbers. The Administrative Litigation Act Article 30 stipulates that suspension of execution may be granted when there is an urgent need to prevent substantial damage.
The stack of documents was about the height of two lunchboxes. The client laughed and said, “This is 8 years of ours.”
5. Until the Decision is Made
Five days after submission, the stay of execution decision came out. It was two days before the business suspension start date. The store remained open and continued regular deliveries.
The decision took about two months. The conclusion was to change the 15-day suspension of business operations to a fine. The fact of the violation itself was acknowledged. It appears that the defect records, management notes, and corrective actions after inspection were reflected in determining the severity of the disposition.
The day my client received the fine notice, they came to the office with a jar of kimchi. I declined, but they said they would “write down today’s date in the record notebook,” which I appreciated. 🥬
6. What to Do If You Received a Similar Disposition
- ① We check from the start date of the business suspension on the disposition. The start date is more urgent than the claim period.
- ② We prepare an administrative review and an application for suspension of execution together.
- ③ We gather records showing a lack of intent rather than “I didn’t know.” Repair records, temperature records, and disposal photos are relevant.
- ④ We leave corrective actions taken after the inspection as evidence.
- ⑤ Whether the surcharges can be changed and whether there are mitigating circumstances according to the disposition criteria requires individual confirmation for each case.
Inquiries about business suspension dispositions are consistently received from restaurants and food businesses near Yeongsu-gu, Incheon, and Songdo. Please start by counting the remaining days from the date you received the disposition to the start date.
If you received prior notification before the disposition, please refer to the method of requesting conversion to a surcharge through submission of opinion: Procedure for converting business suspension to a surcharge and filing an objection, and the deadline for submitting an opinion
This is a story composed to aid understanding.
Incheon Administrative Agent·Songdo Administrative Agent, Hwang Yunsang Administrative Agent Office. We provide consultations for administrative review, license/permit application/filing, and foreign entry/exit affairs at Posco Tower Songdo, Yeongsu-gu, Incheon. We also draft applications for administrative review and suspension of execution regarding business suspension and surcharge dispositions. Feel free to inquire if you are in a similar situation. 📞
- Address: 2697, POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon
- Phone: 010-3374-2687
- Website: www.hwangadmin.com
