How Much Does an Administrative Appeal Cost? Complete Guide to Fees and Expenses
Are you anxious about filing an administrative appeal against an unfavorable administrative disposition but unsure about the fees involved? This article provides a detailed explanation of the fees required for administrative appeals, payment methods, refund conditions, and additional costs in the objection filing process, all based on practical standards. If you're preparing to file an administrative appeal, this guide will help you accurately understand expected costs and plan accordingly.
What Is an Administrative Appeal?
An administrative appeal is an administrative procedure to contest an unlawful or improper disposition by a government agency. To explain it in terms easy for the general public to understand, it is the process of formally objecting to a decision made by a government agency. Unlike court litigation, an administrative appeal is a quasi-judicial procedure conducted within administrative agencies.
An administrative appeal must be filed within 90 days from the date of receiving the administrative disposition. If you miss this deadline, your right to appeal expires, so it must be verified. Through an administrative appeal, you can obtain a decision that cancels or modifies the original decision.
Nature of Administrative Appeals
A procedure in which one administrative agency reviews the legality and appropriateness of an administrative disposition made by another administrative agency. Unlike court litigation, retaining an attorney is not mandatory, and applicants can file directly.
Relationship to Cancellation of Administrative Dispositions
If the appellant's arguments are accepted in an administrative appeal, the original administrative disposition is canceled, and the agency may issue a new disposition or dismiss the matter.
An administrative appeal is an official procedure to contest an administrative disposition, and it must be filed within 90 days without fail.
Basic Structure of Administrative Appeal Filing Fees
When filing an administrative appeal, you must pay a filing fee. This is a basic cost borne by the appellant.
Administrative appeal filing fees are determined based on the monetary value of the appeal.
The fee calculation method is as follows:
Determine the monetary value of the appeal (e.g., amount of denied permit, administrative fine or surcharge)
Apply graduated fee rates according to that amount
Pay the calculated amount as the filing fee
If the subject of the appeal is non-monetary (e.g., appeal to cancel license revocation), the fee differs.
Filing Fees for Monetary Appeals
- Up to 10 million won: 10,000 won
- Over 10 million to 50 million won: 20,000 won
- Over 50 million to 100 million won: 30,000 won
- Over 100 million won: 40,000 won
Filing Fees for Non-Monetary Appeals
- License/permit revocation, qualification disqualification, etc.: 20,000 won
- Administrative fine/administrative order cancellation: 10,000 won
Even when appealing license revocation or permit denial cancellation, you must pay the set filing fee of 20,000 won.
Fee Payment Methods and Deadlines
When and how you pay your administrative appeal filing fee is an important procedure that significantly affects the progress of your appeal.
The filing fee must be paid together when submitting the administrative appeal petition. Simply submitting the petition and paying the fee later is not accepted.
The payment procedure is as follows:
Prepare the administrative appeal petition and necessary documents
Calculate the required filing fee amount
Pay the filing fee together with the petition
Submit to the competent Administrative Appeal Committee
Payment Methods for Filing Fees
- Cash or check (when submitting in person)
- Bank transfer (to the account designated by the Administrative Appeal Committee)
- Credit card payment (at some regional Administrative Appeal Committees)
When Filing Fees Are Not Paid
Even if the petition is accepted, without the filing fee, a notice to cure defects will be issued. The appellant must pay the filing fee within 14 days, and failure to meet this deadline will result in dismissal of the appeal.
Non-payment of filing fees leads directly to rejection of the appeal, so payment must be made within the deadline without fail.
Objection Filing Procedure and Additional Costs
Before filing an administrative appeal for disposition cancellation, there is sometimes a procedure called an objection filing (이의신청). An objection filing is an administrative internal remedy procedure that comes one step before an administrative appeal.
There are cases where objection filing is mandatory and cases where it is optional.
Mandatory objection filing: For certain administrative dispositions, an objection must be filed before an administrative appeal can be submitted (e.g., customs broker matter denial, certain health insurance dispositions)
Optional objection filing: Parties may choose to proceed with an objection filing before an administrative appeal
Cases without objection filing: An administrative appeal can be filed directly
Costs for Objection Filing
Since objection filing is a lower-level remedy procedure than administrative appeal, most cases do not incur filing fees. However, under certain special laws, there may be filing fees for objections, so verification of the relevant statutes is necessary.
Cost Flow When Filing Objection → Administrative Appeal
- Objection filing fee: 0 won (in most cases)
- Administrative appeal filing fee: 10,000 to 40,000 won (separate)
- Total cost: Only administrative appeal filing fee applies
Conditions for Refund of Administrative Appeal Filing Fees
After filing an administrative appeal, can you get a refund of your filing fee if you later cancel the appeal or receive a decision?
When the appellant cancels the appeal: No refund (already incurred administrative costs)
When the appeal is granted: Refund eligibility requires checking individual regulations
When the appeal is dismissed: Filing fee is not refunded
When the Administrative Appeal Committee dismisses the case on its own motion: Refund may be possible depending on circumstances
An important point to note is that filing fees are generally not refunded. Filing fees are considered administrative costs incurred by government agencies in conducting the appeal procedure.
Rare Cases Where Refunds May Be Obtained
- When the Administrative Appeal Committee charges the filing fee twice due to a clear mistake
- When the appeal amount is changed and the already-paid filing fee exceeds the required amount
- When a case is dismissed due to changes in statutes
Administrative appeal filing fees are generally not refunded, so you should make a careful judgment before filing.
Other Costs Associated with Filing an Administrative Appeal
Beyond the administrative appeal filing fee, there are other costs that applicants may incur.
Attorney or administrative attorney retention fee: Optional, but retaining an expert is efficient for complex cases
Evidence collection costs: Copy issuance fees, appraisal fees, etc.
Related document translation fees: When foreign documents are included
Direct attendance transportation/accommodation expenses: When the appellant attends the Administrative Appeal Committee
Among these, the largest cost is [retaining an attorney or administrative attorney]. However, this is not a statutory fee but a civil representation fee, so it is determined by separate contract between the appellant and the representative. Since administrative appeal filings can be handled directly by applicants, retaining a representative is not mandatory.
Necessity of Retaining an Attorney or Administrative Attorney
- When the case is complex: Legal argumentation needed
- When determining unlawfulness is difficult: Professional review needed
- When long-term proceedings are expected: Ongoing support needed
How to Proceed Without Cost
Since legal representation is not mandatory for administrative appeals, you can file directly if you study sufficiently. Dasiibom Administrative Attorneys can provide consultation on how to file administrative appeals.
Summary of Administrative Appeal Costs and Practical Tips
Here is a one-glance summary of the administrative appeal costs explained so far:
Mandatory Costs (Statutory Filing Fees)
- Monetary appeal up to 10 million won: 10,000 won
- Monetary appeal over 10 million won: 20,000 to 40,000 won
- Non-monetary appeal (license/permit): 20,000 won
Optional Costs (Incurred as Needed)
- Attorney/administrative attorney representation fee: Determined by separate contract
- Evidence collection/translation fees: Varies depending on the case
- Attendance transportation/accommodation expenses: Only when necessary
An administrative appeal is a low-cost administrative remedy procedure to begin with.
How to File an Appeal Cost-Effectively
- Prepare in advance: Gather necessary documents and evidence thoroughly before filing
- Accurate calculation: Calculate the appeal amount accurately to prevent fee errors
- Meet deadlines: Submit the petition within the 90-day deadline to avoid rejection
- Professional consultation: For complex cases, initial consultation with Dasiibom Administrative Attorneys
Conclusion: How to Prepare for Administrative Appeal Costs
Filing an administrative appeal requires a basic statutory filing fee of 10,000 to 40,000 won. The filing fee is determined based on the subject and amount of the appeal and must be paid together when submitting the petition. Objection filing is mostly free, and retaining an attorney or administrative attorney is optional.
The most important things when preparing for an administrative appeal are accurate fee calculation and meeting deadlines. Since filing fees are generally not refunded, you should carefully assess prospects for success before filing.
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