{"content_id":"vtuexktcxf","slug":"korea-fine-penalty-surcharge-differences","locale":"en","schema_type":"Article","category":"knowledge_base","category_name":"Knowledge Base","title":"Differences Among Fines, Penalty Payments, Administrative Fines, and Minor Fines: Criminal Punishment and Response Procedures","summary":"Fines and minor fines are criminal punishments imposed by courts, while administrative fines and penalty payments are not criminal punishments in principle. Checking the title of the notice and the issuing authority can help determine whether a record is created, how to challenge the disposition, and the consequences of nonpayment.","sponsorship_disclosure":null,"author":{"name":"Injoys Editorial Team","url":"https://injoys.com/ko/about"},"key_points":["Fines and minor fines are pecuniary punishments under the Criminal Act. A fine is generally at least 50,000 won, while a minor fine is at least 2,000 won but less than 50,000 won.","An administrative fine is a monetary sanction for violating an obligation under administrative law and is not treated as a criminal conviction or criminal record.","A penalty payment is an amount paid under a notice disposition pursuant to a specific law. Payment alone does not create a criminal record, but nonpayment may lead to a summary trial or other proceedings.","A sentence of a fine is legally included in criminal history records, but it should not be assumed that minor fines are recorded and disclosed in the same manner as fines.","When responding to a disposition, first check the document title, governing law, issuing authority, payment deadline, and deadline for filing an objection rather than focusing on the amount."],"content_markdown":"Fines, penalty payments, administrative fines, and petty fines may all seem like systems requiring payment of money, but they differ in nature and procedure under South Korean law. The most important criteria are **whether the payment is a criminal punishment**, **who imposed it**, and **what procedure follows if it is not paid or is contested**.\n\n## Key Differences Among the Four Systems\n\n| Category | Legal nature | Main imposing or sentencing authority | Amount criteria | Does payment alone create a criminal record? | Basic procedure for contesting |\n|---|---|---|---|---|---|\n| Fine | Property punishment under criminal law | Court | In principle, at least KRW 50,000 | Once the fine sentence becomes final, it may be included in criminal history records | Appeal against the judgment, final appeal, or request for a formal trial against a summary order |\n| Petty fine | Property punishment under criminal law | Court | At least KRW 2,000 and less than KRW 50,000 | It is a criminal conviction, but its scope under the law governing criminal history records differs from that of a fine | Contested through criminal trial procedures |\n| Administrative fine | Administrative penalty for breach of order | Administrative agency or court | Determined by individual statutes | No | An objection may be filed within 60 days from the date notice of the administrative agency’s imposition is received |\n| Penalty payment | Monetary obligation under a notice disposition prescribed by a specific statute | Chief of a police station or another authority designated by law | Determined by type of violation | Payment within the deadline alone does not create one | If unpaid, the matter may proceed under procedures prescribed by the applicable law, such as a summary trial |\n\nA larger amount is not necessarily a criminal fine. An administrative fine may amount to several million won, while a criminal fine may be relatively small, so the systems should not be distinguished by amount alone.\n\n## Fine: A Criminal Punishment Imposed by a Court\n\nA fine is one of the punishments prescribed by criminal law and is classified as a property punishment. Under criminal law, a fine is, in principle, **at least KRW 50,000**, although it may be less than KRW 50,000 when reduced pursuant to law.\n\nA fine may be imposed by judgment following an investigation and trial, or, in relatively minor cases, may be set by a court’s summary order upon a prosecutor’s request. It is not legally accurate to call every payment notice sent by the police or an administrative agency a fine.\n\n### Main Consequences of a Fine Sentence\n\n- Once a fine sentence becomes final, it constitutes a criminal conviction.\n- It may be included in criminal history records under the law.\n- If it is not paid, rather than being treated simply as an unpaid administrative debt, confinement in a workhouse may be enforced for the period determined by the court.\n- If you object to a summary order, you may request a formal trial within 7 days from the date it is served.\n- To challenge a formal criminal judgment, you must review the written judgment and notice and follow the appeal or final appeal procedure.\n\nConduct defined as subject to criminal punishment, such as drunk driving, may result in a fine, imprisonment, or another sentence following an investigation and criminal trial. It should not be treated as equivalent to an ordinary traffic penalty payment.\n\n## Petty Fine: A Criminal Punishment Smaller Than a Fine\n\nLike a fine, a petty fine is a property punishment under criminal law. The difference lies in the statutory amount range.\n\n- Fine: In principle, at least KRW 50,000\n- Petty fine: At least KRW 2,000 and less than KRW 50,000\n\nA petty fine may apply to relatively minor crimes for which an individual statute prescribes a petty fine as the statutory punishment. However, not every minor offense necessarily results only in a petty fine. Because the Minor Offenses Act may prescribe a fine, detention, or petty fine depending on the conduct, the applicable provision and actual judgment must be checked.\n\nAlthough the Korean terms for a petty fine and an administrative fine sound similar, they are entirely different systems. A petty fine is a **criminal punishment**, while an administrative fine is an **administrative penalty for breach of order**.\n\n## Administrative Fine: Monetary Sanction for Violating an Administrative Obligation\n\nAn administrative fine is a monetary sanction imposed for violating an obligation under administrative law. Because it is not a criminal punishment under criminal law, paying an administrative fine alone does not result in a criminal conviction or criminal record.\n\nTypical examples include smoking in a non-smoking area, failing to comply with reporting or notification obligations, and administrative fines imposed on vehicle owners for certain traffic violations. The precise scope and amount vary under each individual statute.\n\n### Imposition of and Objections to Administrative Fines\n\nThe general procedure is as follows.\n\n1. Before imposing an administrative fine, the administrative agency gives the party prior notice and an opportunity to submit an opinion.\n2. Voluntary payment during the prior-notice period may qualify for a reduction within the range prescribed by law.\n3. A party who receives a formal notice imposing an administrative fine may submit a written objection within 60 days from the date the notice is received.\n4. Once a valid objection is received, the administrative agency’s disposition imposing the administrative fine loses effect, and the competent court conducts proceedings on the administrative fine.\n\nIf an administrative fine is not paid, additional charges and increased additional charges may accrue, and delinquency collection measures such as seizure of property may follow. However, the enforcement method differs from that of a criminal fine, for which nonpayment alone may result in confinement in a workhouse.\n\n## Penalty Payment: A System for Concluding a Case by Paying Under a Notice Disposition\n\nA penalty payment is an amount that an authorized authority, such as the chief of a police station, orders to be paid through a notice disposition for an offense prescribed by a specific statute, such as the Road Traffic Act. What is commonly called a traffic “ticket” may fall into this category.\n\nPaying the penalty payment within the prescribed period has the effect of preventing further criminal proceedings for the relevant offense. Payment of the penalty itself is not the imposition of a criminal punishment and therefore does not create a criminal record.\n\nConversely, failure to pay does not immediately make a fine sentence final. The matter goes through procedures prescribed by law, such as an additional payment period or a request for a summary trial, and the result may be a criminal sentence such as a fine, detention, or petty fine.\n\n### Why Traffic Administrative Fines and Penalty Payments Differ\n\nIf automated enforcement equipment photographs a vehicle committing a violation but cannot identify the actual driver, an administrative fine may be imposed on the vehicle owner or another responsible person. If a police officer identifies the driver at the scene, a penalty payment may be imposed together with driver’s license penalty points corresponding to the violation.\n\nHowever, not every traffic violation follows the same structure. Because the amount and penalty points vary depending on the type of violation, type of vehicle, and whether the driver has been identified, the specific details should be checked through the Korean National Police Agency’s Traffic Civil Service 24 or on the notice.\n\n## Caution Regarding the Expression “It Leaves a Criminal Record”\n\n“Criminal record” is an everyday expression, but the law distinguishes among different records, including the register of convicted persons, the index of convicted persons, and criminal history records.\n\nA fine sentence is a criminal disposition included in criminal history records under the Act on the Lapse of Criminal Sentences. By contrast, although a petty fine is a conviction and criminal punishment imposed by a criminal court, the criminal history records defined by the same Act are, in principle, based on **sentences of a fine or more severe punishment**. It is therefore inaccurate to say that fines and petty fines are treated identically in every inquiry and disclosure process.\n\nPayment of an administrative fine or penalty payment is not itself a criminal conviction. However, the outcome differs if failure to pay a penalty payment leads to a criminal trial and a fine or another sentence becomes final. The effects on employment, qualifications, visas, or background checks must be assessed separately depending on the purpose of the inquiry and the governing law.\n\n## Related Terms Often Confused: Administrative Surcharges, Forfeiture, and “Punitive Payments”\n\n### Administrative Surcharges\n\nAn administrative surcharge is a monetary sanction imposed by an administrative agency to recover economic gains obtained through a violation of administrative law, replace an administrative disposition such as business suspension, or deter regulatory violations. Unlike an administrative fine, it may be calculated based on a business operator’s sales or the gains obtained from the violation.\n\nThe purpose of imposing an administrative surcharge and the procedure for challenging it vary significantly by individual statute. It may generally be subject to an administrative appeal or administrative litigation, but the specific filing period must be checked in the disposition notice and the applicable law.\n\n### Forfeiture\n\nForfeiture is a criminal punishment that transfers ownership of property related to a crime to the state. Unlike fines and petty fines, which require payment of a specified amount, forfeiture applies to specific property or gains used in or obtained through a crime.\n\n### “Punitive Payment”\n\n“Punitive payment” is often an informal expression that mixes up fines and penalty payments. You should check again whether the official term written on the notice is a fine, penalty payment, or administrative fine.\n\n## What to Check When You Receive a Notice\n\n1. **Check the document title.** Determine whether it is a summary order, written judgment, notice imposing an administrative fine, or penalty payment notice.\n2. **Check the issuing authority.** Identify whether it is a court, the police, a local government, or another administrative agency.\n3. **Check the governing law and the violated provision.** Even conduct that appears identical may result in different sanctions depending on the applicable law.\n4. **Record the payment deadline and challenge deadline separately.** The payment deadline may differ from the deadline for filing an objection or requesting a formal trial.\n5. **Confirm whether the named person is the driver or actual violator.** An administrative fine sent to the registered vehicle owner may have different effects from a penalty payment imposed on the actual driver.\n6. **Submit a written opinion, objection, or request for a formal trial to the appropriate authority.** Simply declining to pay does not automatically register your arguments.\n\nRather than paying immediately through a link included in a fraudulent text message, it is safer to verify the case number and issuing authority shown on the notice through official court, police, or administrative agency channels.\n\n## Criteria for Identifying the System at a Glance\n\n- If it was determined by a court through a criminal judgment or summary order, it is likely a fine or petty fine.\n- If an administrative agency imposed it for violating an obligation, it is likely an administrative fine.\n- If the police issued a payment notice for a specific offense, it is likely a penalty payment.\n- The four systems should not be distinguished by amount alone.\n- Missing a deadline may lead to different consequences, including additional charges, delinquency collection measures, a summary trial, or enforcement of a criminal sentence.","content_html":"\u003cp\u003eFines, penalty payments, administrative fines, and petty fines may all seem like systems requiring payment of money, but they differ in nature and procedure under South Korean law. The most important criteria are \u003cstrong\u003ewhether the payment is a criminal punishment\u003c/strong\u003e, \u003cstrong\u003ewho imposed it\u003c/strong\u003e, and \u003cstrong\u003ewhat procedure follows if it is not paid or is contested\u003c/strong\u003e.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#key-differences-among-the-four-systems\" class=\"anchor\" id=\"key-differences-among-the-four-systems\"\u003e\u003c/a\u003eKey Differences Among the Four Systems\u003c/h2\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eCategory\u003c/th\u003e\n\u003cth\u003eLegal nature\u003c/th\u003e\n\u003cth\u003eMain imposing or sentencing authority\u003c/th\u003e\n\u003cth\u003eAmount criteria\u003c/th\u003e\n\u003cth\u003eDoes payment alone create a criminal record?\u003c/th\u003e\n\u003cth\u003eBasic procedure for contesting\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eFine\u003c/td\u003e\n\u003ctd data-label=\"Legal nature\"\u003eProperty punishment under criminal law\u003c/td\u003e\n\u003ctd data-label=\"Main imposing or sentencing authority\"\u003eCourt\u003c/td\u003e\n\u003ctd data-label=\"Amount criteria\"\u003eIn principle, at least KRW 50,000\u003c/td\u003e\n\u003ctd data-label=\"Does payment alone create a criminal record?\"\u003eOnce the fine sentence becomes final, it may be included in criminal history records\u003c/td\u003e\n\u003ctd data-label=\"Basic procedure for contesting\"\u003eAppeal against the judgment, final appeal, or request for a formal trial against a summary order\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003ePetty fine\u003c/td\u003e\n\u003ctd data-label=\"Legal nature\"\u003eProperty punishment under criminal law\u003c/td\u003e\n\u003ctd data-label=\"Main imposing or sentencing authority\"\u003eCourt\u003c/td\u003e\n\u003ctd data-label=\"Amount criteria\"\u003eAt least KRW 2,000 and less than KRW 50,000\u003c/td\u003e\n\u003ctd data-label=\"Does payment alone create a criminal record?\"\u003eIt is a criminal conviction, but its scope under the law governing criminal history records differs from that of a fine\u003c/td\u003e\n\u003ctd data-label=\"Basic procedure for contesting\"\u003eContested through criminal trial procedures\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eAdministrative fine\u003c/td\u003e\n\u003ctd data-label=\"Legal nature\"\u003eAdministrative penalty for breach of order\u003c/td\u003e\n\u003ctd data-label=\"Main imposing or sentencing authority\"\u003eAdministrative agency or court\u003c/td\u003e\n\u003ctd data-label=\"Amount criteria\"\u003eDetermined by individual statutes\u003c/td\u003e\n\u003ctd data-label=\"Does payment alone create a criminal record?\"\u003eNo\u003c/td\u003e\n\u003ctd data-label=\"Basic procedure for contesting\"\u003eAn objection may be filed within 60 days from the date notice of the administrative agency’s imposition is received\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003ePenalty payment\u003c/td\u003e\n\u003ctd data-label=\"Legal nature\"\u003eMonetary obligation under a notice disposition prescribed by a specific statute\u003c/td\u003e\n\u003ctd data-label=\"Main imposing or sentencing authority\"\u003eChief of a police station or another authority designated by law\u003c/td\u003e\n\u003ctd data-label=\"Amount criteria\"\u003eDetermined by type of violation\u003c/td\u003e\n\u003ctd data-label=\"Does payment alone create a criminal record?\"\u003ePayment within the deadline alone does not create one\u003c/td\u003e\n\u003ctd data-label=\"Basic procedure for contesting\"\u003eIf unpaid, the matter may proceed under procedures prescribed by the applicable law, such as a summary trial\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eA larger amount is not necessarily a criminal fine. An administrative fine may amount to several million won, while a criminal fine may be relatively small, so the systems should not be distinguished by amount alone.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#fine-a-criminal-punishment-imposed-by-a-court\" class=\"anchor\" id=\"fine-a-criminal-punishment-imposed-by-a-court\"\u003e\u003c/a\u003eFine: A Criminal Punishment Imposed by a Court\u003c/h2\u003e\n\u003cp\u003eA fine is one of the punishments prescribed by criminal law and is classified as a property punishment. Under criminal law, a fine is, in principle, \u003cstrong\u003eat least KRW 50,000\u003c/strong\u003e, although it may be less than KRW 50,000 when reduced pursuant to law.\u003c/p\u003e\n\u003cp\u003eA fine may be imposed by judgment following an investigation and trial, or, in relatively minor cases, may be set by a court’s summary order upon a prosecutor’s request. It is not legally accurate to call every payment notice sent by the police or an administrative agency a fine.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#main-consequences-of-a-fine-sentence\" class=\"anchor\" id=\"main-consequences-of-a-fine-sentence\"\u003e\u003c/a\u003eMain Consequences of a Fine Sentence\u003c/h3\u003e\n\u003cul\u003e\n\u003cli\u003eOnce a fine sentence becomes final, it constitutes a criminal conviction.\u003c/li\u003e\n\u003cli\u003eIt may be included in criminal history records under the law.\u003c/li\u003e\n\u003cli\u003eIf it is not paid, rather than being treated simply as an unpaid administrative debt, confinement in a workhouse may be enforced for the period determined by the court.\u003c/li\u003e\n\u003cli\u003eIf you object to a summary order, you may request a formal trial within 7 days from the date it is served.\u003c/li\u003e\n\u003cli\u003eTo challenge a formal criminal judgment, you must review the written judgment and notice and follow the appeal or final appeal procedure.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eConduct defined as subject to criminal punishment, such as drunk driving, may result in a fine, imprisonment, or another sentence following an investigation and criminal trial. It should not be treated as equivalent to an ordinary traffic penalty payment.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#petty-fine-a-criminal-punishment-smaller-than-a-fine\" class=\"anchor\" id=\"petty-fine-a-criminal-punishment-smaller-than-a-fine\"\u003e\u003c/a\u003ePetty Fine: A Criminal Punishment Smaller Than a Fine\u003c/h2\u003e\n\u003cp\u003eLike a fine, a petty fine is a property punishment under criminal law. The difference lies in the statutory amount range.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eFine: In principle, at least KRW 50,000\u003c/li\u003e\n\u003cli\u003ePetty fine: At least KRW 2,000 and less than KRW 50,000\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eA petty fine may apply to relatively minor crimes for which an individual statute prescribes a petty fine as the statutory punishment. However, not every minor offense necessarily results only in a petty fine. Because the Minor Offenses Act may prescribe a fine, detention, or petty fine depending on the conduct, the applicable provision and actual judgment must be checked.\u003c/p\u003e\n\u003cp\u003eAlthough the Korean terms for a petty fine and an administrative fine sound similar, they are entirely different systems. A petty fine is a \u003cstrong\u003ecriminal punishment\u003c/strong\u003e, while an administrative fine is an \u003cstrong\u003eadministrative penalty for breach of order\u003c/strong\u003e.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#administrative-fine-monetary-sanction-for-violating-an-administrative-obligation\" class=\"anchor\" id=\"administrative-fine-monetary-sanction-for-violating-an-administrative-obligation\"\u003e\u003c/a\u003eAdministrative Fine: Monetary Sanction for Violating an Administrative Obligation\u003c/h2\u003e\n\u003cp\u003eAn administrative fine is a monetary sanction imposed for violating an obligation under administrative law. Because it is not a criminal punishment under criminal law, paying an administrative fine alone does not result in a criminal conviction or criminal record.\u003c/p\u003e\n\u003cp\u003eTypical examples include smoking in a non-smoking area, failing to comply with reporting or notification obligations, and administrative fines imposed on vehicle owners for certain traffic violations. The precise scope and amount vary under each individual statute.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#imposition-of-and-objections-to-administrative-fines\" class=\"anchor\" id=\"imposition-of-and-objections-to-administrative-fines\"\u003e\u003c/a\u003eImposition of and Objections to Administrative Fines\u003c/h3\u003e\n\u003cp\u003eThe general procedure is as follows.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003eBefore imposing an administrative fine, the administrative agency gives the party prior notice and an opportunity to submit an opinion.\u003c/li\u003e\n\u003cli\u003eVoluntary payment during the prior-notice period may qualify for a reduction within the range prescribed by law.\u003c/li\u003e\n\u003cli\u003eA party who receives a formal notice imposing an administrative fine may submit a written objection within 60 days from the date the notice is received.\u003c/li\u003e\n\u003cli\u003eOnce a valid objection is received, the administrative agency’s disposition imposing the administrative fine loses effect, and the competent court conducts proceedings on the administrative fine.\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eIf an administrative fine is not paid, additional charges and increased additional charges may accrue, and delinquency collection measures such as seizure of property may follow. However, the enforcement method differs from that of a criminal fine, for which nonpayment alone may result in confinement in a workhouse.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#penalty-payment-a-system-for-concluding-a-case-by-paying-under-a-notice-disposition\" class=\"anchor\" id=\"penalty-payment-a-system-for-concluding-a-case-by-paying-under-a-notice-disposition\"\u003e\u003c/a\u003ePenalty Payment: A System for Concluding a Case by Paying Under a Notice Disposition\u003c/h2\u003e\n\u003cp\u003eA penalty payment is an amount that an authorized authority, such as the chief of a police station, orders to be paid through a notice disposition for an offense prescribed by a specific statute, such as the Road Traffic Act. What is commonly called a traffic “ticket” may fall into this category.\u003c/p\u003e\n\u003cp\u003ePaying the penalty payment within the prescribed period has the effect of preventing further criminal proceedings for the relevant offense. Payment of the penalty itself is not the imposition of a criminal punishment and therefore does not create a criminal record.\u003c/p\u003e\n\u003cp\u003eConversely, failure to pay does not immediately make a fine sentence final. The matter goes through procedures prescribed by law, such as an additional payment period or a request for a summary trial, and the result may be a criminal sentence such as a fine, detention, or petty fine.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#why-traffic-administrative-fines-and-penalty-payments-differ\" class=\"anchor\" id=\"why-traffic-administrative-fines-and-penalty-payments-differ\"\u003e\u003c/a\u003eWhy Traffic Administrative Fines and Penalty Payments Differ\u003c/h3\u003e\n\u003cp\u003eIf automated enforcement equipment photographs a vehicle committing a violation but cannot identify the actual driver, an administrative fine may be imposed on the vehicle owner or another responsible person. If a police officer identifies the driver at the scene, a penalty payment may be imposed together with driver’s license penalty points corresponding to the violation.\u003c/p\u003e\n\u003cp\u003eHowever, not every traffic violation follows the same structure. Because the amount and penalty points vary depending on the type of violation, type of vehicle, and whether the driver has been identified, the specific details should be checked through the Korean National Police Agency’s Traffic Civil Service 24 or on the notice.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#caution-regarding-the-expression-it-leaves-a-criminal-record\" class=\"anchor\" id=\"caution-regarding-the-expression-it-leaves-a-criminal-record\"\u003e\u003c/a\u003eCaution Regarding the Expression “It Leaves a Criminal Record”\u003c/h2\u003e\n\u003cp\u003e“Criminal record” is an everyday expression, but the law distinguishes among different records, including the register of convicted persons, the index of convicted persons, and criminal history records.\u003c/p\u003e\n\u003cp\u003eA fine sentence is a criminal disposition included in criminal history records under the Act on the Lapse of Criminal Sentences. By contrast, although a petty fine is a conviction and criminal punishment imposed by a criminal court, the criminal history records defined by the same Act are, in principle, based on \u003cstrong\u003esentences of a fine or more severe punishment\u003c/strong\u003e. It is therefore inaccurate to say that fines and petty fines are treated identically in every inquiry and disclosure process.\u003c/p\u003e\n\u003cp\u003ePayment of an administrative fine or penalty payment is not itself a criminal conviction. However, the outcome differs if failure to pay a penalty payment leads to a criminal trial and a fine or another sentence becomes final. The effects on employment, qualifications, visas, or background checks must be assessed separately depending on the purpose of the inquiry and the governing law.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#related-terms-often-confused-administrative-surcharges-forfeiture-and-punitive-payments\" class=\"anchor\" id=\"related-terms-often-confused-administrative-surcharges-forfeiture-and-punitive-payments\"\u003e\u003c/a\u003eRelated Terms Often Confused: Administrative Surcharges, Forfeiture, and “Punitive Payments”\u003c/h2\u003e\n\u003ch3\u003e\n\u003ca href=\"#administrative-surcharges\" class=\"anchor\" id=\"administrative-surcharges\"\u003e\u003c/a\u003eAdministrative Surcharges\u003c/h3\u003e\n\u003cp\u003eAn administrative surcharge is a monetary sanction imposed by an administrative agency to recover economic gains obtained through a violation of administrative law, replace an administrative disposition such as business suspension, or deter regulatory violations. Unlike an administrative fine, it may be calculated based on a business operator’s sales or the gains obtained from the violation.\u003c/p\u003e\n\u003cp\u003eThe purpose of imposing an administrative surcharge and the procedure for challenging it vary significantly by individual statute. It may generally be subject to an administrative appeal or administrative litigation, but the specific filing period must be checked in the disposition notice and the applicable law.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#forfeiture\" class=\"anchor\" id=\"forfeiture\"\u003e\u003c/a\u003eForfeiture\u003c/h3\u003e\n\u003cp\u003eForfeiture is a criminal punishment that transfers ownership of property related to a crime to the state. Unlike fines and petty fines, which require payment of a specified amount, forfeiture applies to specific property or gains used in or obtained through a crime.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#punitive-payment\" class=\"anchor\" id=\"punitive-payment\"\u003e\u003c/a\u003e“Punitive Payment”\u003c/h3\u003e\n\u003cp\u003e“Punitive payment” is often an informal expression that mixes up fines and penalty payments. You should check again whether the official term written on the notice is a fine, penalty payment, or administrative fine.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#what-to-check-when-you-receive-a-notice\" class=\"anchor\" id=\"what-to-check-when-you-receive-a-notice\"\u003e\u003c/a\u003eWhat to Check When You Receive a Notice\u003c/h2\u003e\n\u003col\u003e\n\u003cli\u003e\n\u003cstrong\u003eCheck the document title.\u003c/strong\u003e Determine whether it is a summary order, written judgment, notice imposing an administrative fine, or penalty payment notice.\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eCheck the issuing authority.\u003c/strong\u003e Identify whether it is a court, the police, a local government, or another administrative agency.\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eCheck the governing law and the violated provision.\u003c/strong\u003e Even conduct that appears identical may result in different sanctions depending on the applicable law.\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eRecord the payment deadline and challenge deadline separately.\u003c/strong\u003e The payment deadline may differ from the deadline for filing an objection or requesting a formal trial.\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eConfirm whether the named person is the driver or actual violator.\u003c/strong\u003e An administrative fine sent to the registered vehicle owner may have different effects from a penalty payment imposed on the actual driver.\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eSubmit a written opinion, objection, or request for a formal trial to the appropriate authority.\u003c/strong\u003e Simply declining to pay does not automatically register your arguments.\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eRather than paying immediately through a link included in a fraudulent text message, it is safer to verify the case number and issuing authority shown on the notice through official court, police, or administrative agency channels.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#criteria-for-identifying-the-system-at-a-glance\" class=\"anchor\" id=\"criteria-for-identifying-the-system-at-a-glance\"\u003e\u003c/a\u003eCriteria for Identifying the System at a Glance\u003c/h2\u003e\n\u003cul\u003e\n\u003cli\u003eIf it was determined by a court through a criminal judgment or summary order, it is likely a fine or petty fine.\u003c/li\u003e\n\u003cli\u003eIf an administrative agency imposed it for violating an obligation, it is likely an administrative fine.\u003c/li\u003e\n\u003cli\u003eIf the police issued a payment notice for a specific offense, it is likely a penalty payment.\u003c/li\u003e\n\u003cli\u003eThe four systems should not be distinguished by amount alone.\u003c/li\u003e\n\u003cli\u003eMissing a deadline may lead to different consequences, including additional charges, delinquency collection measures, a summary trial, or enforcement of a criminal sentence.\u003c/li\u003e\n\u003c/ul\u003e\n","tags":["Fine","Administrative fine"],"faqs":[{"question":"What is the biggest difference between a criminal fine and an administrative fine?","answer":"A criminal fine is a punishment imposed by a court, whereas an administrative fine is an administrative sanction for violating an obligation under administrative law. Once a criminal fine becomes final, it may be included in criminal record data, but payment of an administrative fine is not a criminal conviction."},{"question":"Are a minor fine and an administrative fine the same system?","answer":"No. A minor fine is a monetary punishment under the Criminal Act of at least 2,000 won but less than 50,000 won, whereas an administrative fine is a non-criminal monetary sanction imposed for violating an administrative obligation."},{"question":"Will paying a penalty result in a criminal record?","answer":"The mere fact that you paid a penalty within the specified period does not result in a criminal record. However, if nonpayment leads to summary trial proceedings or other criminal proceedings and a criminal fine or other punishment becomes final, the outcome may be different."},{"question":"If I object to an administrative fine, by when must I file an objection?","answer":"Generally, you may file a written objection with the relevant administrative agency within 60 days from the date you receive notice of the administrative fine. Once a valid objection is received, the administrative agency’s imposition loses its effect, and the matter proceeds to an administrative fine trial before the competent court."},{"question":"Can I challenge a criminal fine imposed through a summary order?","answer":"The defendant may request a formal trial within 7 days from the date the summary order is served. You should check the court, case number, date of service, and submission method stated in the document."},{"question":"Can I choose between a traffic administrative fine and a traffic penalty?","answer":"You cannot always choose freely. The person subject to the sanction, the amount, and the penalty points vary depending on whether the driver has been identified and the type of violation, so you should first check the notice and the details on the Korean National Police Agency’s Traffic Civil Services 24."},{"question":"What happens if I do not pay a criminal fine or an administrative fine?","answer":"Failure to pay a criminal fine may result in detention in a workhouse as ordered by the court. Additional charges and delinquency collection measures may apply for failure to pay an administrative fine, while failure to pay a penalty may lead to separate proceedings such as a summary trial."},{"question":"What is the difference between a penalty surcharge and an administrative fine?","answer":"An administrative fine is an administrative sanction for violating an administrative obligation. A penalty surcharge is imposed for purposes such as recovering economic gains, deterring regulatory violations, or replacing a suspension of business operations, and the calculation criteria and appeal procedures vary under the applicable laws."},{"question":"Is a minor fine also recorded as a criminal record?","answer":"A minor fine is a criminal punishment imposed upon conviction by a criminal court. However, because criminal record data under the Act on the Lapse of Criminal Sentences is, in principle, based on punishments of a criminal fine or greater, it is inaccurate to describe a minor fine as a criminal record in exactly the same way as a criminal fine."}],"sources":[{"url":"https://www.law.go.kr/법령/형법","title":"National Law Information Center Criminal Act","type":"source"},{"url":"https://www.law.go.kr/법령/질서위반행위규제법","title":"National Law Information Center Act on the Regulation of Violations of Public Order","type":"source"},{"url":"https://www.law.go.kr/법령/도로교통법","title":"National Law Information Center Road Traffic Act","type":"source"},{"url":"https://www.law.go.kr/법령/형사소송법","title":"National Law Information Center Criminal Procedure Act","type":"source"},{"url":"https://www.law.go.kr/법령/형의실효등에관한법률","title":"National Law Information Center Act on the Lapse of Criminal Sentences, Etc.","type":"source"},{"url":"https://www.law.go.kr/법령/경범죄처벌법","title":"National Law Information Center Minor Offenses Act","type":"source"},{"url":"https://www.efine.go.kr/","title":"National Police Agency Traffic Civil Complaints 24","type":"source"}],"images":[{"id":704,"url":"https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6ODgzNiwicHVyIjoiYmxvYl9pZCJ9fQ==--5ce10a710956ba99fb9dca1bfaff33af542273b4/ai-1f010adb.webp","is_representative":true,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"법원, 행정기관, 경찰로 갈라지는 길과 서류·동전 더미를 나타낸 법적 금전 제재 도식","caption":"법원과 행정기관, 경찰에 따른 여러 금전 제재와 처리 경로를 상징적으로 보여준다.","description":null},"en":{"alt":"Diagram of paths to a court, government office, and police, with documents and stacks of coins","caption":"The illustration symbolizes different monetary penalties and the authorities that handle them.","description":null},"ja":{"alt":"裁判所、行政機関、警察へ分かれる道と書類・硬貨の山を描いた法的制裁の図","caption":"金銭的な制裁の種類と、裁判所や行政機関、警察による処理経路を表している。","description":null},"es":{"alt":"Diagrama de rutas hacia un tribunal, una oficina pública y la policía, con documentos y monedas","caption":"La ilustración simboliza distintas sanciones económicas y las autoridades que las tramitan.","description":null},"id":{"alt":"Diagram jalur menuju pengadilan, kantor pemerintah, dan polisi, dengan dokumen serta tumpukan koin","caption":"Ilustrasi ini melambangkan berbagai sanksi moneter dan lembaga yang menanganinya.","description":null},"pt":{"alt":"Diagrama de caminhos para tribunal, órgão público e polícia, com documentos e pilhas de moedas","caption":"A ilustração simboliza diferentes sanções pecuniárias e as autoridades responsáveis por elas.","description":null},"zh-hant":{"alt":"通往法院、行政機關與警察的分岔道路，以及文件和硬幣堆的法律金錢制裁示意圖","caption":"此圖象徵不同的金錢制裁及法院、行政機關與警察的處理途徑。","description":null},"de":{"alt":"Schaubild mit Wegen zu Gericht, Behörde und Polizei sowie Dokumenten und Münzstapeln","caption":"Die Illustration zeigt sinnbildlich verschiedene Geldsanktionen und die zuständigen Stellen.","description":null}}},{"id":705,"url":"https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6ODg0NSwicHVyIjoiYmxvYl9pZCJ9fQ==--8c0aba1f83b9c57dc7cbb9d5e71120fe076ce887/ai-243070ad.webp","is_representative":false,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"서류를 비추는 돋보기와 법원, 경찰서, 달력, 동전, 카메라, 법봉이 연결된 삽화","caption":"각 기관과 증거, 납부 및 재판 절차가 서류 검토를 중심으로 연결되어 있다.","description":null},"en":{"alt":"Magnifying glass over documents linked to a court, police station, calendar, coins, camera, and gavel","caption":"The illustration connects document review with authorities, evidence, payment, and court procedures.","description":null},"ja":{"alt":"書類を拡大する虫眼鏡と裁判所、警察署、カレンダー、硬貨、カメラ、木槌を結ぶ図","caption":"書類の確認を中心に、関係機関や証拠、納付、裁判の手続きが結ばれている。","description":null},"es":{"alt":"Lupa sobre documentos conectada con tribunal, comisaría, calendario, monedas, cámara y mazo","caption":"La ilustración vincula la revisión de documentos con autoridades, pruebas, pagos y trámites judiciales.","description":null},"id":{"alt":"Kaca pembesar di atas dokumen yang terhubung ke pengadilan, polisi, kalender, koin, kamera, dan palu hakim","caption":"Ilustrasi ini menghubungkan pemeriksaan dokumen dengan instansi, bukti, pembayaran, dan proses pengadilan.","description":null},"pt":{"alt":"Lupa sobre documentos ligada a tribunal, delegacia, calendário, moedas, câmera e martelo judicial","caption":"A ilustração relaciona a análise de documentos a autoridades, provas, pagamentos e procedimentos judiciais.","description":null},"zh-hant":{"alt":"放大鏡檢視文件，並連結法院、警察局、日曆、硬幣、攝影機與法槌","caption":"插圖以文件審查為中心，串連機關、證據、繳款與司法程序。","description":null},"de":{"alt":"Lupe über Dokumenten, verbunden mit Gericht, Polizei, Kalender, Münzen, Kamera und Richterhammer","caption":"Die Illustration verknüpft die Dokumentenprüfung mit Behörden, Beweisen, Zahlungen und Gerichtsverfahren.","description":null}}}],"published_at":"2026-08-17T12:02:02+09:00","updated_at":"2026-08-17T12:02:02+09:00","license":"cc_by","translation_status":"reviewed","available_locales":["ko","en","ja","es"],"data_locales":["ko","en","ja","es","id","pt","zh-hant","de"],"url":"https://injoys.com/en/articles/korea-fine-penalty-surcharge-differences"}