I want to file an administrative appeal against a construction business suspension disposition. Can I continue construction business operations during the review period?

Even if you file an administrative appeal against a construction business suspension disposition, you cannot continue construction business operations during the review period unless there is a separate decision to stay execution.

This is because the Administrative Appeals Act provides for the 'principle of non suspension of execution,' under which the effect or execution of a disposition is not automatically suspended merely because an administrative appeal has been filed.

Therefore, even when an administrative appeal has been filed against a construction business suspension disposition, in order to continue operations you must separately file an application for a stay of execution and obtain a decision granting it from the administrative appeals commission.

For a stay of execution to be granted, several requirements must be met.

First, there must be a disposition that is the subject of the stay of execution, and the administrative appeal on the merits must be pending.

In addition, there must be a concern that serious harm will arise from the execution of the disposition and an urgent necessity to prevent it must be recognized, and there must be no concern that the stay of execution will have a serious effect on the public welfare. Furthermore, it must be a case in which the appeal on the merits cannot be regarded as clearly groundless.

An application for a stay of execution can be made simultaneously with the filing of the administrative appeal, or in writing before the resolution of the administrative appeals commission or subcommittee.

If the administrative appeals commission grants a stay of execution, the effect or execution of the disposition is suspended until a ruling is made, and that effect extends not only to the parties but also to the relevant administrative agency and third parties.