Can an administrative fine be canceled by filing an administrative fine lawsuit?

Hello. This is the administrative specialist attorney from Daeryun Law Firm.

Filing an administrative fine lawsuit does not mean all administrative fine dispositions will be canceled.

From a practical perspective, administrative fine cases are a relatively clearly divided area between "cases that must be paid unconditionally" and "cases where there is room for dispute."

First, a substantial number of cases where administrative fines are canceled or reduced fall under ① cases where the violation circumstances are minor or there was no intent ② cases where the administrative agency only formally provided prior notice or opportunities for opinion submission, or omitted them ③ cases where statutory grounds for reduction were not considered at all in the process of calculating the administrative fine.

In particular, if an administrative fine close to the highest level was imposed despite a simple delay in reporting, deviation from or abuse of discretionary power or violation of the proportionality principle may be at issue.

However, administrative fine lawsuits are difficult to be accepted based solely on the circumstance of being "unjust."

Actually, the key criterion for judgment is whether there are illegal elements that warrant court intervention when comprehensively reviewing the reasons for imposition stated in the disposition document, the applied legal provisions, the calculation standards for the administrative fine, and the legality of prior procedures.

In addition, immediately filing an administrative lawsuit is not the best in all cases.

For minor procedural violations or cases where reduction grounds are clear, it is often more efficient to receive a reduction through an administrative appeal.

On the other hand, if a high administrative fine has already been imposed and procedural defects are clear, then filing an administrative fine lawsuit to dispute cancellation or reduction may be a realistic choice.

Even if you file an administrative fine lawsuit, the obligation to pay the administrative fine is not automatically suspended, so depending on the case, you may need to consider applying for execution suspension together.

If you have received an administrative fine disposition, before considering a lawsuit, the most important thing is to first check whether this case is really a matter worth disputing legally.

If you need help with related matters, we recommend that you visit Daeryun Law Firm's administrative specialist attorneys for consultation.