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Q
I need an administrative appeal against a business suspension.
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I run a restaurant, and I recently received a business suspension disposition for a violation. Since my shop has not violated any law, I feel very wronged right now. I am curious whether, if I file an administrative appeal against the business suspension, the disposition can be canceled or reduced, and how I should proceed. Please tell me about the procedure and method for filing an administrative appeal.
Administrative appeal against a business suspension
Business suspension disposition
Business suspension
Answer to Related Inquiry
Author: 정찬우
I understand that you are inquiring about how to pursue an administrative appeal against a business suspension.
If you have received a business suspension disposition, you become unable to operate regardless of your own will, and various harms may arise.
This is because cost-related losses, such as labor and material costs, arise for the entire period during which you cannot open.
A business operator who has violated the statutes may be given a business suspension disposition, as an administrative disposition, for as little as 15 days and as long as 6 months.
However, if you wish to contest it, you may file an administrative appeal, as you mentioned.
An administrative appeal is a procedure for contesting a disposition by an administrative agency and requesting a re-examination; it is a process of asserting the legality or the excessiveness of the disposition.
A point to note here is that you must file the appeal within 90 days from the day you become aware that the disposition was made.
In the appeal application, you must set out the purport and grounds of the appeal in detail.
In addition, you should be able to attach evidence that there was no violation or that it was minor, so as to steer the appeal in your favor.
Furthermore, it is advisable to apply for a stay of execution of the disposition while the administrative appeal against the business suspension is in progress, or beforehand.
Because all of these processes require legal knowledge and an understanding of complex procedures, I recommend that you proceed only after consulting an attorney specializing in administrative matters.
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