---
title: "Differences Among Fines, Penalty Payments, Administrative Fines, and Minor Fines: Criminal Punishment and Response Procedures"
locale: en
category: knowledge_base
category_name: "Knowledge Base"
translation_status: reviewed
license: cc_by
author: "Injoys Editorial Team"
source_url: https://injoys.com/en/articles/korea-fine-penalty-surcharge-differences
published_at: 2026-08-17T12:02:02+09:00
---

# Differences Among Fines, Penalty Payments, Administrative Fines, and Minor Fines: Criminal Punishment and Response Procedures

> 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.

## 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.

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**.

## Key Differences Among the Four Systems

| Category | Legal nature | Main imposing or sentencing authority | Amount criteria | Does payment alone create a criminal record? | Basic procedure for contesting |
|---|---|---|---|---|---|
| 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 |
| 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 |
| 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 |
| 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 |

A 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.

## Fine: A Criminal Punishment Imposed by a Court

A 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.

A 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.

### Main Consequences of a Fine Sentence

- Once a fine sentence becomes final, it constitutes a criminal conviction.
- It may be included in criminal history records under the law.
- 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.
- If you object to a summary order, you may request a formal trial within 7 days from the date it is served.
- To challenge a formal criminal judgment, you must review the written judgment and notice and follow the appeal or final appeal procedure.

Conduct 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.

## Petty Fine: A Criminal Punishment Smaller Than a Fine

Like a fine, a petty fine is a property punishment under criminal law. The difference lies in the statutory amount range.

- Fine: In principle, at least KRW 50,000
- Petty fine: At least KRW 2,000 and less than KRW 50,000

A 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.

Although 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**.

## Administrative Fine: Monetary Sanction for Violating an Administrative Obligation

An 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.

Typical 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.

### Imposition of and Objections to Administrative Fines

The general procedure is as follows.

1. Before imposing an administrative fine, the administrative agency gives the party prior notice and an opportunity to submit an opinion.
2. Voluntary payment during the prior-notice period may qualify for a reduction within the range prescribed by law.
3. 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.
4. 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.

If 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.

## Penalty Payment: A System for Concluding a Case by Paying Under a Notice Disposition

A 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.

Paying 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.

Conversely, 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.

### Why Traffic Administrative Fines and Penalty Payments Differ

If 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.

However, 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.

## Caution Regarding the Expression “It Leaves a Criminal Record”

“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.

A 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.

Payment 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.

## Related Terms Often Confused: Administrative Surcharges, Forfeiture, and “Punitive Payments”

### Administrative Surcharges

An 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.

The 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.

### Forfeiture

Forfeiture 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.

### “Punitive Payment”

“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.

## What to Check When You Receive a Notice

1. **Check the document title.** Determine whether it is a summary order, written judgment, notice imposing an administrative fine, or penalty payment notice.
2. **Check the issuing authority.** Identify whether it is a court, the police, a local government, or another administrative agency.
3. **Check the governing law and the violated provision.** Even conduct that appears identical may result in different sanctions depending on the applicable law.
4. **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.
5. **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.
6. **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.

Rather 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.

## Criteria for Identifying the System at a Glance

- If it was determined by a court through a criminal judgment or summary order, it is likely a fine or petty fine.
- If an administrative agency imposed it for violating an obligation, it is likely an administrative fine.
- If the police issued a payment notice for a specific offense, it is likely a penalty payment.
- The four systems should not be distinguished by amount alone.
- Missing a deadline may lead to different consequences, including additional charges, delinquency collection measures, a summary trial, or enforcement of a criminal sentence.

## FAQ

### What is the biggest difference between a criminal fine and an administrative fine?
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.

### Are a minor fine and an administrative fine the same system?
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.

### Will paying a penalty result in a criminal record?
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.

### If I object to an administrative fine, by when must I file an objection?
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.

### Can I challenge a criminal fine imposed through a summary order?
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.

### Can I choose between a traffic administrative fine and a traffic penalty?
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.

### What happens if I do not pay a criminal fine or an administrative fine?
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.

### What is the difference between a penalty surcharge and an administrative fine?
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.

### Is a minor fine also recorded as a criminal record?
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

- [National Law Information Center Criminal Act](https://www.law.go.kr/법령/형법)
- [National Law Information Center Act on the Regulation of Violations of Public Order](https://www.law.go.kr/법령/질서위반행위규제법)
- [National Law Information Center Road Traffic Act](https://www.law.go.kr/법령/도로교통법)
- [National Law Information Center Criminal Procedure Act](https://www.law.go.kr/법령/형사소송법)
- [National Law Information Center Act on the Lapse of Criminal Sentences, Etc.](https://www.law.go.kr/법령/형의실효등에관한법률)
- [National Law Information Center Minor Offenses Act](https://www.law.go.kr/법령/경범죄처벌법)
- [National Police Agency Traffic Civil Complaints 24](https://www.efine.go.kr/)

## Images

![Diagram of paths to a court, government office, and police, with documents and stacks of coins](https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6ODgzNiwicHVyIjoiYmxvYl9pZCJ9fQ==--5ce10a710956ba99fb9dca1bfaff33af542273b4/ai-1f010adb.webp)
![Magnifying glass over documents linked to a court, police station, calendar, coins, camera, and gavel](https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6ODg0NSwicHVyIjoiYmxvYl9pZCJ9fQ==--8c0aba1f83b9c57dc7cbb9d5e71120fe076ce887/ai-243070ad.webp)