Administrative Appeal Assistance Case | Revocation of a Business Suspension Order Granted

The account of the client to request help is as follows.

The client was the representative director of Company A and was performing detailed safety inspection services for buildings.

Then one day, the client received a business suspension order of 1.5 months from the administrative agency.

The reason was that a person who was not an officer or employee of Company A had performed detailed safety diagnosis and seismic performance evaluation services.

The client later learned that an error had occurred in the course of entering the status of participating engineers into the integrated facility information system of the Korea Authority of Land and Infrastructure Safety.

Although the client had not had any engineer who was not a member of staff perform the work, he received a business suspension order, so he resolved to file a 🔗administrative appeal.

He visited Daeryun to request help from an attorney with a deep understanding of administrative cases.

An administrative appeal refers to a system that allows a member of the public whose rights or interests have been infringed by an unlawful or unjust disposition of an administrative agency to obtain relief quickly and simply through legal means.

Administrative litigation refers to a lawsuit filed to revoke or modify a disposition where the rights of a member of the public have been infringed by an unlawful disposition of an administrative agency.

Although administrative appeals and administrative litigation are both administrative relief systems and may appear similar, they have the following differences.

An administrative appeal resolves matters through a relatively quick and simple procedure, whereas administrative litigation is a procedure filed with a court to obtain a legal judgment, and it is more formal and may take more time.

The client made an error in the course of entering the service results into the integrated facility information system of the Korea Authority of Land and Infrastructure Safety, inputting the data incorrectly.

However, this was merely a simple act of negligence, and the client had not had any person who was not an officer or employee of the company perform work such as safety inspections.

Accordingly, the attorney emphasized that no grounds for the disposition existed in this case.

The data in this case amounted to nothing more than a clerical error caused by the client's negligence.

As a result, the client gained no improper benefit, and the mistake did not give rise to any serious defect in the safety inspection or any risk of harming public safety.

Accordingly, the attorney emphasized that this disposition was a decision that deviated from and abused discretionary power and was far too harsh on the client.

For the client's violation, sufficient improvement could be achieved through measures lighter than a business suspension order, such as a corrective order.

While the degree of harm to the public interest was nonexistent or minor, the disadvantage the client would suffer was excessively heavy.

The attorney emphasized that this was an unjust decision that violated the principle of proportionality.

Filing an administrative appeal is a procedure for requesting legal relief against a disposition of an administrative agency, and it goes through a special procedure that differs from civil litigation.

To understand the complex statutes related to a case and respond systematically, it is recommended to seek specific advice from an attorney.

At Daeryun, attorneys who have handled many administrative appeals and administrative litigation matters provide tailored solutions and protect the rights and interests of clients.

If you wish to proceed with an administrative appeal and 🔗administrative litigation together with an attorney, we recommend finding a solution through a 🔗legal consultation booking.