Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

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

Legal IntellectualViews3,037

I received a construction business suspension disposition and intend to file an administrative appeal. I am curious about whether I can continue construction business operations while the appeal is in progress if I file an administrative appeal. I would like to know whether it is possible to carry out construction or construction business related work during the review period. If there is an attorney specializing in administrative cases, I would appreciate a prompt response.

construction business suspension

A

Answer to Related Inquiry

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.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney Naewon Kwak

Naewon Kwak

T. 070-5117-2950

Suwon District Court administrative judge, Seoul Administrative Court judge experience

Attorney DaeSu KIM

DaeSu KIM

T. 070-5221-2387

Legal advice to administrative agencies such as Busan City

Attorney JuYoung PARK

JuYoung PARK

T. 070-5221-0865

Member of Busan Metropolitan City Administrative Appeals Committee

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat