What Is an Administrative Agent Fact Investigation in Korea? Legal Basis and Practical Uses
Hello, this is Administrative Agent Jean.
A store receives a surprise inspection.
A few days later, an administrative fine notice arrives.
But the facts written in the notice are different from what actually happened.
The notice says, “Business operated after 10 p.m.”
But the store closed at 9:50 p.m. that day.
How can this be proven?
CCTV may be overwritten after two weeks.
Employee statements may be viewed as less persuasive because employees have an interest in the case.
POS closing records, card payment records, door lock records, statements from nearby stores, and CCTV backup timing are scattered across different sources.
What is needed here is not just an emotional statement.
The facts must be checked in chronological order, the evidence must be organized, and the result must be written in a format that an administrative agency can understand.
This is where administrative agent fact investigation becomes relevant.
This Is Part 1 of the Fact Investigation Series
- Administrative agent fact investigation and its real scope under the Administrative Agent Act
- Why fact confirmation certificates are an administrative agent issue
- How fact confirmation certificates are actually used
- Where administrative agent fact investigation can be used
- Why fact investigation becomes more important in the AI era
This first article explains how Korean law defines administrative agent fact investigation.
Without understanding the legal basis, it is impossible to decide what can or cannot be done.
Key Summary
| Category | Content | |---|---| | Basis for fact investigation | Administrative Agent Act Article 2(1) Item 7 | | Basis for factual document drafting | Administrative Agent Act Article 2(1) Item 2 | | Basis for fact confirmation certificate | Administrative Agent Act Article 20(1) | | Related enforcement rule | Enforcement Rule Article 13 and Form No. 17 | | Basic structure | Check facts → organize materials → draft document → submit to client | | Caution | Work restricted by other laws cannot be performed | | Possible uses | Administrative fine objection, administrative appeal materials, permit supplement, factual explanation, dispute prevention |
Can an Administrative Agent Conduct a Fact Investigation?
In short, there is a legal basis under the Administrative Agent Act.
Article 2(1) of the Administrative Agent Act defines the work that an administrative agent may perform upon delegation by another person.
Item 7 provides:
Fact investigation and confirmation of affairs delegated pursuant to statutes.
The Enforcement Decree explains this more concretely:
Investigating or confirming facts of affairs delegated pursuant to statutes, preparing the results in writing, and submitting them to the person who delegated the matter.
In other words, fact investigation is not simply writing “I confirmed this.”
The structure is:
- Investigate or confirm the facts.
- Prepare the confirmed results in writing.
- Submit the written result to the delegating person.
Using the administrative fine example above:
- CCTV, POS closing records, card payment history, and entry records are checked.
- The actual closing time and the inspection statement are organized chronologically.
- The materials are prepared in a format that may be used for an opinion submission, objection, or administrative appeal.
This is the basic structure contemplated by the Administrative Agent Act.
Seven Categories of Administrative Agent Work
The scope of administrative agent work is set out in Article 2(1) of the Administrative Agent Act.
The main categories are as follows.
| Item | Work | |---|---| | Item 1 | Drafting documents submitted to administrative agencies | | Item 2 | Drafting documents concerning rights, obligations, or proof of facts | | Item 3 | Translating documents related to administrative agency work | | Item 4 | Submitting documents prepared under Items 1 to 3 | | Item 5 | Acting for applications, claims, or reports for permits, licenses, approvals, etc. | | Item 6 | Providing consultation or advice on administrative laws and administration | | Item 7 | Fact investigation and confirmation of affairs delegated pursuant to statutes |
There is also an important proviso.
Administrative agents may not perform work restricted by other laws.
This means that the Administrative Agent Act does not allow unlimited investigation of all facts.
If another law reserves a task for another licensed professional, such as insurance loss adjustment, litigation representation, registration, tax filing, or notarization, caution is required.
Professionalism begins not only by knowing what can be done, but also by knowing what must not be done.
Factual Document Drafting and Fact Investigation Are Different
A common source of confusion is the difference between drafting documents concerning proof of facts and conducting fact investigation.
| Category | Factual Document Drafting | Fact Investigation and Confirmation | |---|---|---| | Legal basis | Article 2(1) Item 2 | Article 2(1) Item 7 | | Core function | Drafting documents on factual circumstances | Investigating or confirming facts | | Output | Fact statement, explanation letter, confirmation document | Investigation result report, factual summary | | Practical connection | May be based on investigation results | Often leads to written documents |
In practice, these two functions often work together.
Facts are checked, organized, and then documented.
Fact investigation can therefore become the foundation for a fact confirmation certificate or factual summary document.
Separate Basis for Fact Confirmation Certificates: Article 20
Article 20(1) of the Administrative Agent Act separately provides for fact confirmation certificates.
An administrative agent may issue a certificate confirming facts related to their work.
The Enforcement Rule of the Administrative Agent Act also provides that the form for a fact confirmation certificate is Form No. 17.
The rule states that when an administrative agent receives an application for issuance, the certificate should be issued promptly based on objective facts unless there is a special reason.
This is important.
An administrative agent fact confirmation certificate is different from a private confirmation letter.
It is a document with a basis under the Administrative Agent Act and a statutory form.
However, this does not mean it has the same effect as notarization or a court judgment.
A fact confirmation certificate organizes confirmed factual circumstances, and the receiving institution makes its own judgment based on the document and supporting evidence.
Legal Basis at a Glance
| Category | Legal Basis | Meaning | |---|---|---| | Drafting factual documents | Administrative Agent Act Article 2(1) Item 2 | Documents concerning rights, obligations, or proof of facts | | Fact investigation | Administrative Agent Act Article 2(1) Item 7 | Fact investigation and confirmation of delegated affairs | | Fact confirmation certificate | Administrative Agent Act Article 20(1) | Certificate of facts related to administrative agent work | | Issuance form | Enforcement Rule Article 13 | Form No. 17 | | Unauthorized practice restriction | Administrative Agent Act Article 36 | Restriction on non-administrative agents performing administrative agent work |
But Item 7 Still Has an Unanswered Gap
Article 2(1) Item 7 uses the phrase “affairs delegated pursuant to statutes.”
This raises an important question.
Does “statutes” refer to the Administrative Agent Act itself?
Or does it require a separate delegation basis under another specific law?
This is an important practical issue.
The Ministry of the Interior and Safety has reportedly taken the position in civil petition responses that a separate legal basis for delegation under an individual statute is required.
On the other hand, in practice, administrative agents often do not rely on Item 7 alone. They use Item 2 and Article 20 together to check facts, organize factual circumstances, and issue fact confirmation documents where appropriate.
In short, the exact scope of Item 7 has not yet been fully developed through court precedents or academic discussion.
That is why caution is needed.
The label “administrative agent fact investigation” does not mean every type of investigation is possible.
For each case, it is necessary to check whether the matter falls within the scope of administrative agent work, whether another law restricts it, and what the submission purpose is.
Common Situations Where Fact Investigation May Be Needed
Administrative agent fact investigation may be considered in the following situations.
1. Opinion Submission Before an Administrative Fine, Surcharge, or Disposition
Examples include:
- Administrative fine notice for alleged business hour violation
- Food sanitation inspection report inconsistent with actual facts
- Immigration-related residence or workplace facts requiring explanation
- Permit or license requirements requiring factual explanation
The important point is not simply saying, “This is unfair.”
The key is to organize who, what, when, where, and which materials prove the facts.
2. Materials for Administrative Appeal or Objection
Fact organization is important in administrative appeals and objections.
If the facts written in the disposition differ from reality, the difference must be shown through evidence.
Useful materials may include:
- CCTV
- Card sales records
- POS records
- Entry and exit logs
- Photos
- Location data
- Text messages or KakaoTalk
- Work logs
- Third-party confirmations
Organizing these materials chronologically makes it easier for the administrative agency to understand the issue.
3. Contract, Cohabitation, or Living-Relationship Facts
Fact confirmation documents may also be useful for contract or living-relationship matters.
Examples include:
- Cohabitation facts
- Shared living expenses
- Shared residence
- Contract negotiation history
- Payment history
- Delivery of goods
- Performance of work
- De facto marriage or shared-life materials
However, if the matter has already developed into litigation or a legal dispute requiring legal representation, attorney consultation may be necessary.
4. Immigration and Visa-Related Fact Organization
For foreign clients, factual organization may be especially important.
Examples include:
- Actual residence explanation
- Workplace change history
- Reason for visa extension
- Family or cohabitation relationship materials
- Proof of business operation
- Activity history before visa application
In immigration review, even the same facts may be perceived differently depending on how they are organized.
A large amount of material without structure may still be weak.
Fact Investigation Is More About Structure Than Collection
Many people think collecting more documents is enough.
But in administrative procedures, structure often matters more than volume.
Three things must be organized.
1. Chronology
The timeline must make sense.
CCTV time, payment time, message time, inspection time, and closing time should fit together.
2. Role of Each Evidence
Each piece of evidence should have a clear purpose.
For example, POS records may show closing time, CCTV may show entry and exit, and card sales records may show the last transaction.
3. Expression Fit for Submission Purpose
The same facts should be written differently depending on the purpose.
An opinion submission for an administrative fine, an administrative appeal document, an immigration explanation, and a contract history confirmation require different structures.
This is the core of administrative agent fact investigation.
Knowing What Cannot Be Done Is Also Professionalism
The proviso to Article 2(1) of the Administrative Agent Act states that administrative agents cannot perform work restricted by other laws.
The following areas require caution.
| Area | Relevant Professional or Institution | |---|---| | Litigation representation and legal dispute representation | Attorney | | Registration work | Judicial scrivener or attorney | | Tax filing and tax representation | Tax accountant | | Notarization | Notary | | Insurance loss adjustment | Licensed loss adjuster | | Labor case representation | Certified labor attorney or attorney |
Administrative agent fact investigation operates within these boundaries.
For example, in an insurance accident, assessing the amount of loss and insurance payment is the work of a licensed loss adjuster.
An administrative agent cannot replace that role.
However, organizing factual circumstances for administrative submission, drafting documents concerning rights, obligations, or proof of facts, and preparing explanatory materials for administrative procedures may be reviewed within the scope of administrative agent work.
Returning to the Store Inspection Example
The notice says the store operated after 10 p.m.
But the store actually closed at 9:50 p.m.
The necessary materials may include:
- CCTV backup
- POS closing records
- Last card payment record
- Door lock record
- Employee departure record
- Confirmation from nearby stores
- Photos from the inspection time
- Notice and inspection report
- Business hour notice materials
Simply collecting these materials is not enough.
You must show what each material proves, whether the timestamps align, and which part of the notice conflicts with the actual facts.
This is where administrative agent fact investigation can be useful.
It turns scattered materials into a factual document that an administrative agency can read.
General Process of Administrative Agent Fact Investigation
The general process is as follows.
1. Case Review
First, identify the procedure in which the materials will be used.
- Administrative fine opinion submission
- Administrative appeal
- Permit supplement
- Visa or immigration explanation
- Contract history organization
- Living-relationship proof
2. Scope Review
Check whether the matter falls within administrative agent work and whether it conflicts with another licensed profession.
3. Evidence List
Create a list of necessary evidence.
If evidence may disappear, preserve it first.
CCTV footage, in particular, should be secured quickly before overwriting.
4. Fact Investigation and Confirmation
Review submitted materials, statements, records, and site-related information.
If needed, prepare a factual timeline.
5. Document Preparation
Prepare a factual summary, fact statement, supporting document, or opinion-submission material based on confirmed facts.
6. Submission or Use
The prepared document is submitted to the client and may be used as supporting material for administrative submission where appropriate.
What To Prepare Before Consultation
If you need fact confirmation, prepare the following:
- Notice or disposition document
- Inspection report or field confirmation document
- The disputed fact
- Materials showing the actual fact
- Whether CCTV can still be preserved
- Card sales or POS records
- Text messages, KakaoTalk, or emails
- Photos or videos
- Third-party confirmation availability
- Submission deadline or objection deadline
If there is a deadline, delay can be dangerous.
CCTV, business records, and entry logs may become difficult or impossible to recover over time.
FAQ
Q. Is an administrative agent fact confirmation certificate the same as notarization?
No.
It is not notarization, a court judgment, or an enforceable title.
However, it is a document with a basis under the Administrative Agent Act, in which an administrative agent organizes factual circumstances related to their work based on objective materials.
Q. Does a fact investigation result bind the administrative agency?
No.
The administrative agency makes its own decision based on all submitted materials and facts.
However, a well-organized factual document can help make the argument clearer in an opinion submission or administrative appeal.
Q. Are employee statements enough?
Employee statements may be used as supporting materials.
But because employees may have an interest in the outcome, it is better to combine them with objective evidence such as CCTV, POS records, card sales records, photos, and third-party materials.
Q. Can administrative agents conduct any investigation?
No.
Work restricted by other laws cannot be performed.
Litigation representation, insurance loss adjustment, tax representation, registration, and notarization are handled by the appropriate licensed professionals.
Administrative agent fact investigation must remain within the scope of the Administrative Agent Act.
Q. When should I request fact investigation?
Before evidence disappears.
CCTV, entry logs, business records, and site photos may become unavailable over time.
If you receive a notice or inspection result, preserve evidence first.
Closing
Administrative agent fact investigation is still not widely understood.
But the legal structure already exists in the Administrative Agent Act.
It is the process of investigating, confirming, organizing, and documenting facts, and where appropriate connecting them to a fact confirmation certificate.
However, not every investigation is permitted.
You must first check whether another law restricts the work, whether the purpose fits an administrative submission, and what evidence is needed.
The same fact can be understood differently depending on how it is organized.
Saying “this is unfair” is not enough.
You need evidence and structure.
If you are facing a surprise inspection, administrative fine notice, permit supplement request, or immigration explanation issue, check the facts before the evidence disappears.
Consultation
Ethos Administrative Office assists with factual summaries for administrative submission, fact statements, review of fact confirmation certificate issuance, administrative fine opinion submissions, and administrative appeal supporting materials.
Depending on the case, review by an attorney, loss adjuster, tax accountant, judicial scrivener, or other professional may be required.