LAW & POLICY
Trends
Wage Arrears Penalty Raised to 5 Years and 50 Million Won from October 8 · Farmland Disposal Order Criteria and 2 More | Administrative Briefing, October 6
From October 8, the statutory penalty for employers who fail to pay wages rises to up to 5 years in prison or a fine of up to 50 million won. The Ministry of Agriculture, Food and Rural Affairs said disposal orders following the nationwide farmland survey will be limited to 3 types of speculation, and 6 laws that improve the application-based welfare system, paying child allowance and parental benefit without an application, passed the National Assembly. We also cover a court ruling upholding a business suspension for selling alcohol to a minor who used someone else's ID.
Administrative appeal regarding the order to close a business for operating an unregistered restaurant, rejected; suspension of execution (stay) within 30 days after the decision.
The Daejeon Administrative Appeals Committee rejected the request to overturn the order to close a business premises for operating a buffet without a general restaurant business registration prior to obtaining use approval, in a banquet hall. The previously granted suspension of execution (stay) is effective for only 30 days from the date of the decision, after which the closure procedure may proceed. The following points are important for businesses starting operations before the change of use and use approval are completed.
Court revokes overseas Korean F-4 visa denial due to violation of the principle of proportionality
The 8-2nd Administrative Division of the Seoul High Court ruled in favor of the plaintiff, as in the first instance, in the third lawsuit filed by an overseas Korean—whose entry was blocked due to military service issues—against the Consul General in Los Angeles to cancel the refusal of a visa issuance. The court reaffirmed a 2019 Supreme Court ruling stating that the issuance of visas to overseas Koreans is a discretionary act, and refusing issuance based solely on an old entry ban decision may constitute a violation of the principle of proportionality.
Criteria for determining elementary school bullying, Supreme Court 'comprehensively considers age, circumstances, and the need for guidance
The Supreme Court ruled on September 3rd that the decision by the education agency's administrative appeal rejecting the classification of an incident where a first-grade elementary school student pushed a friend off a stage, causing injury, as school violence was correct (2026Du30954). The standard is that whether an incident constitutes school violence must be determined comprehensively, considering not only the wording of the definition but also the severity and circumstances of the act, the student's age, and the need for guidance and education. It also summarized a ruling by the Cheongju District Court, where even with written apologies, the conclusion differed depending on the facts of the case.
Fines for Platforms Brokering Illegal Shared Lodging Take Effect November 12 · Toll Waived for Mistaken Expressway Exits | Administrative Briefing, October 5
From November 12, online platforms that broker lodgings without a business report will face fines, and the draft amendment to the Enforcement Decree sets a standard of 5 million won per case. Since October 1, drivers who take the wrong expressway exit and re-enter through the same tollgate within 15 minutes are exempt from the 900 won base toll.
Wildlife Business Permit Grace Period Ends December 13 · Draft Enforcement Decree of the Essential Agricultural Materials Support Act and 2 More | Administrative Briefing, October 4
The grace period for the business permit system covering wildlife sales, import, breeding and consignment-care businesses ends on December 13, 2026. Also announced for public comment: a draft Enforcement Decree for the Essential Agricultural Materials Support Act, which takes effect on December 17; a draft amendment to the Enforcement Rules of the Urban Traffic Readjustment Promotion Act revising the traffic-inducement charge calculation standards; and a draft amendment to the Enforcement Rules of the Private Teaching Institutes Act changing the report forms for tutoring of young children.