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

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

This is because the Administrative Appeals Act has the 'principle of non-stay of execution' which states that the effect or execution of a disposition is not automatically suspended merely because an administrative appeal has been filed.

Therefore, even when filing an administrative appeal against a construction business suspension order, to continue business operations, you must separately file a stay of execution petition and obtain an approval decision from the Administrative Appeals Commission.

Several requirements must be met for a stay of execution to be approved.

First, the disposition that is the subject of the stay of execution must exist, and the main administrative appeal must be pending.

In addition, there must be a risk of significant damage occurring due to the execution of the disposition and an urgent need to prevent it must be recognized, and the stay of execution must not have a serious impact on public welfare. In addition, the main appeal must not be clearly groundless.

The stay of execution petition can be filed simultaneously with the administrative appeal or in writing before the resolution of the Administrative Appeals Commission or subcommittee.

If the Administrative Appeals Commission approves the stay of execution, the effect or execution of the relevant disposition is suspended until the ruling is made, and its effect extends not only to the parties but also to relevant administrative agencies and third parties.