Legal Intellectual

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

If I file administrative litigation over an administrative fine, can the fine disposition be revoked?

Recently, I received an administrative fine disposition from the competent administrative agency on the ground that I was late in reporting changes to my business registration. Specifically, even though there had been a change of representative and a relocation of the place of business, I failed to file the change report within the deadline, so the fine was imposed. I did not omit the report intentionally, and although I missed the timing for reporting in the course of a delay in internal administrative work, a relatively high fine was imposed without any mitigation, which I feel is excessive. I wonder whether filing administrative litigation over the administrative fine could result in revocation or mitigation of the disposition.

administrative litigation over an administrative fine

Answer to Related Inquiry

Author: 정찬우

Hello. This is an administrative law attorney at Daeryun Law LLC.

Filing administrative litigation over an administrative fine does not mean that every fine disposition will be revoked.

In practice, administrative fine cases are an area where cases in which you simply must pay and cases in which there is room to contest are relatively clearly divided.

First, a considerable number of cases in which an administrative fine is revoked or mitigated fall under ① cases where the circumstances of the violation are minor or there is no intent, ② cases where the administrative agency gave the opportunity for prior notice or submission of opinions only as a formality or omitted it, or ③ cases where statutory grounds for mitigation were not considered at all in the process of calculating the fine.

In particular, if a fine close to the maximum level was imposed despite the matter being a simple reporting delay, a deviation from or abuse of discretionary power, or a violation of the principle of proportionality, may become an issue.

However, administrative litigation over an administrative fine is difficult to have upheld based solely on a feeling that the fine is unfair.

In reality, the key criterion for judgment is whether, upon a comprehensive review of the grounds for imposition stated in the disposition document, the applicable statutory provisions, the standards for calculating the fine, and the legality of the prior procedures, there is any unlawful element warranting the court's intervention.

In addition, immediately filing administrative litigation is not the best course in every case.

Where a procedural violation is minor or grounds for mitigation are clear, obtaining mitigation through an administrative appeal is often more efficient.

By contrast, if a large fine has already been imposed and a procedural defect is clear, then contesting the revocation or reduction through administrative litigation over the fine can be a realistic option.

Even if you file administrative litigation over the fine, the obligation to pay the fine is not automatically suspended, so depending on the case, you may also need to consider applying for a stay of execution together with it.

If you have received an administrative fine disposition, the most important thing, before considering litigation, is to first check whether this case is truly one worth contesting legally.

If you need help with a related matter, we recommend consulting an administrative law attorney at Daeryun Law LLC.