Why Can Only Administrative Agents Issue Fact Confirmation Certificates in Korea?

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 over time.

Employee statements may be viewed as less persuasive because employees have an interest in the case.

POS closing records, card payment records, CCTV, entry logs, and confirmations from nearby stores are scattered.

In that situation, what is needed is not just a statement saying “this is unfair.”

Facts must be checked, materials must be organized, and the result must be written in a form that the recipient institution can understand.

In Part 1, we looked at how the Administrative Agent Act defines fact investigation.

In this second article, we address the next question:

Why is a fact confirmation certificate an administrative agent matter?

Attorneys also review facts.

Private investigators also write investigation reports.

Judicial scriveners and labor attorneys prepare documents within their own fields.

So what makes an administrative agent fact confirmation certificate different?

This Is Part 2 of the Administrative Agent Fact Investigation Series

1. Administrative agent fact investigation and its real scope under the Administrative Agent Act
2. Why can only administrative agents issue fact confirmation certificates?
3. How fact confirmation certificates are actually used
4. Where administrative agent fact investigation can be used
5. Why fact investigation becomes more important in the AI era

Key Summary

| Category | Key Point | |---|---| | Legal basis for fact confirmation certificate | Administrative Agent Act Article 20(1) | | Form basis | Enforcement Rule Article 13, Form No. 17 | | Work basis | Administrative Agent Act Article 2(1) Item 2 | | Issuance standard | Based on objective facts | | Difference from attorney documents | Attorney legal opinion vs. administrative agent fact certificate | | Difference from investigator report | Private report vs. statutory administrative agent document | | Important limit | Not notarization, not a court judgment, not an enforceable title |

What Is a Fact Confirmation Certificate?

Article 20(1) of the Administrative Agent Act provides:

An administrative agent may issue a certificate confirming facts related to their work.

Article 13 of the Enforcement Rule of the Administrative Agent Act provides that the form for this certificate is Form No. 17.

The Enforcement Rule also 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.

In other words, an administrative agent fact confirmation certificate is not just a free-form private letter.

It has a legal basis.

It has a statutory form.

It is issued by a nationally licensed administrative agent in connection with their work.

Three Elements of a Fact Confirmation Certificate

| Element | Content | |---|---| | Legal basis | Administrative Agent Act Article 20(1) | | Statutory form | Enforcement Rule Form No. 17 | | Issuing professional | Administrative agent |

This combination is not found in the same form in other professional laws.

Other professionals may review facts or prepare opinions.

But those documents belong to their own legal framework.

They are not fact confirmation certificates under Article 20 of the Administrative Agent Act.

Why Can’t Attorneys Issue Fact Confirmation Certificates?

Attorneys can review facts.

They can prepare legal opinions.

They can provide legal judgment on litigation, administrative dispositions, and rights disputes.

But the Attorney-at-Law Act does not contain a provision stating that attorneys may issue “fact confirmation certificates.”

Article 3 of the Attorney-at-Law Act defines attorney work as acts related to litigation, representation in claims concerning administrative dispositions, and general legal affairs.

Therefore, attorney documents usually take the form of legal opinions, litigation documents, legal notices, settlement agreements, or legal review memoranda.

These are different from fact confirmation certificates under Article 20 of the Administrative Agent Act.

Example

A lease ends.

The landlord claims that cracks in the wall were caused by the tenant after moving in.

The tenant claims that the cracks existed before move-in.

The attorney’s role and the administrative agent’s role are different.

| Category | Attorney | Administrative Agent | |---|---|---| | Main role | Legal judgment | Factual organization | | Example document | Legal opinion on restoration responsibility | Fact confirmation certificate on move-in condition | | Core question | Is this legally the tenant’s responsibility? | Did this condition exist at a specific time? | | Legal basis | Attorney-at-Law Act legal affairs | Administrative Agent Act Article 20 | | Nature of output | Legal opinion | Fact confirmation document |

This is not a question of which profession is “higher.”

The roles are different.

If legal judgment is needed, you should consult an attorney.

If the existence of a specific fact needs to be organized and documented, an administrative agent fact confirmation certificate may be considered.

Why Can’t Private Investigators Issue Fact Confirmation Certificates?

Private investigators may conduct investigations.

But they cannot issue fact confirmation certificates under the Administrative Agent Act.

There are three reasons.

1. Korea Does Not Yet Have a Comprehensive Private Investigator Act

Since August 5, 2020, restrictions on using the title “private investigator” have been relaxed.

But this does not mean Korea has enacted a comprehensive law defining private investigator qualifications, scope of work, authority, official forms, or supervision.

A private investigator report may be a private investigation document.

But it is not a fact confirmation certificate under Article 20 of the Administrative Agent Act.

2. The Qualification System Is Different

Administrative agent is a national qualification.

There is an exam, registration, business reporting, statutory duties, and penalty structure.

Private investigator-related qualifications are mainly private qualifications.

This does not mean private qualifications have no value.

It means they are not the same as the authority to issue fact confirmation certificates under the Administrative Agent Act.

3. There Is No Statutory Form

A private investigator can prepare an investigation report.

But that report is a private report.

It is not based on Enforcement Rule Form No. 17.

Nor is it governed by the same standard requiring issuance based on objective facts under the Administrative Agent Act.

Private Investigator Report vs. Administrative Agent Fact Confirmation Certificate

| Category | Private Investigator Report | Administrative Agent Fact Confirmation Certificate | |---|---|---| | Legal basis | No comprehensive statutory framework | Administrative Agent Act Article 20 | | Qualification system | Mainly private qualifications | National qualification | | Form | Private format | Statutory Form No. 17 | | Main function | Report investigation result | Certify facts related to administrative agent work | | Use | Private investigation material | Administrative submission and factual explanation material | | Limit | Not an official statutory certificate | Not notarization or court judgment |

Why Can’t Judicial Scriveners Issue It?

Judicial scriveners mainly prepare documents submitted to courts and prosecutors and handle registration and deposit-related work.

The Judicial Scrivener Act does not contain a provision equivalent to Article 20 of the Administrative Agent Act.

Judicial scriveners perform important work in registration and court document fields.

But issuance of fact confirmation certificates under the Administrative Agent Act is a separate matter.

Why Can’t Labor Attorneys Issue It?

Certified labor attorneys specialize in labor-related laws, documents, applications, and labor disputes.

They play an important role in matters such as wage theft, employment records, and labor relations.

However, the Certified Labor Attorney Act does not contain a general fact confirmation certificate issuance provision equivalent to Article 20 of the Administrative Agent Act.

Labor attorneys are specialists in labor matters.

Administrative agent fact confirmation certificates belong to a separate document system under the Administrative Agent Act.

Supreme Court Confirmation of the Boundary: 2024Do1766

This is not only theory.

In 2024, the Supreme Court confirmed a lower court decision finding an administrative law violation where a licensed real estate agent prepared a premium payment contract.

The case involved a real estate agent who prepared a KRW 19 million premium transfer contract related to a daycare center and received a fee.

The real estate agent argued that this fell within the scope of real estate brokerage work.

The Supreme Court disagreed.

It viewed the premium payment contract as outside the scope of brokerage objects under the Licensed Real Estate Agents Act.

The preparation of that contract could fall within the drafting of documents concerning rights, obligations, or proof of facts under the Administrative Agent Act.

This case is important.

It shows that each licensed profession has its own statutory scope, and preparing rights, obligations, or factual proof documents for compensation outside one’s professional scope can become a problem.

What 2024Do1766 Shows

| Issue | Meaning | |---|---| | Premium payment contract | Treated separately from brokerage objects under the real estate agent law | | Contract drafting | May fall under documents concerning rights, obligations, or proof of facts | | Professional boundary | Determined by each professional statute | | Practical lesson | “Common practice” can still be risky without legal basis |

This case was not directly about fact confirmation certificates.

But it is important because it confirms that drafting documents concerning rights, obligations, or proof of facts is an independent field under the Administrative Agent Act.

Structure of Fact Confirmation Across Five Professions

| Category | Administrative Agent | Attorney | Private Investigator | Judicial Scrivener | Labor Attorney | |---|---|---|---|---|---| | Fact confirmation certificate issuance | Yes | No | No | No | No | | Legal basis | Administrative Agent Act Article 20 | None | None | None | None | | Statutory form | Form No. 17 | None | None | None | None | | Fact investigation basis | Article 2(1) Item 7 | Within legal affairs | Private investigation | Within judicial scrivener scope | Labor matters only | | National qualification | Yes | Yes | No | Yes | Yes | | Litigation representation | No | Yes | No | Limited | Limited to labor matters | | Main role | Fact organization and certification | Legal judgment and dispute representation | Private investigation | Registration and court documents | Labor law documents and disputes |

In short:

Many professions can look at facts.

But only the Administrative Agent Act provides the statutory basis for administrative agents to issue fact confirmation certificates under Article 20.

Which Document Fits Your Situation?

The most important question is:

What document do I need?

Here is a practical guide.

1. The Other Party Denies a Fact, and You Need a Written Record

Consider:

• Administrative agent fact confirmation certificate
• Factual summary
• Evidence list

Examples:

• A defect existed before move-in
• There was no business hour violation
• Goods were delivered on a specific date
• The explanation at the time of contract was different

2. The Facts Are Clear, but You Need to Know the Legal Meaning

Consider:

• Attorney legal opinion
• Legal consultation
• Litigation possibility review

Examples:

• Is this clause invalid?
• Can I claim damages?
• Was the termination lawful?
• Can the other party be held liable?

3. You Need to Track or Confirm the Other Party’s Conduct

Consider:

• Private investigator report
• Private investigation material

Examples:

• Locating a person
• Confirming specific conduct
• Field observation materials

However, unlawful collection of personal information, location tracking, and privacy infringement can create legal problems.

Also, a private investigator report is not an administrative agent fact confirmation certificate.

4. An Administrative Disposition Is Based on Incorrect Facts

Consider combining:

• Fact confirmation certificate
• Opinion submission
• Administrative appeal petition
• Evidence list
• Factual timeline

Examples:

• Administrative fine notice is factually wrong
• Business suspension is based on incorrect facts
• Immigration disposition reasons do not match actual residence facts
• Permit supplement request does not match actual facts

Administrative appeals have strict time limits, such as 90 days from the date you became aware of the disposition.

Timing is critical.

5. Facts Related to an Insurance Accident Need Organization

Consider:

• Factual summary
• Accident statement
• Evidence list

Important caution:

Assessment of insurance payment, loss amount, and application of insurance terms belongs to licensed loss adjusters.

An administrative agent may review general factual organization, but cannot replace loss adjustment work.

This boundary is very important.

How To Decide Whether a Fact Confirmation Certificate Is Suitable

Check these three questions first.

1. What Fact Needs To Be Proven?

A fact confirmation certificate is centered on facts, not legal conclusions.

The focus is not “this is invalid,” “this is unlawful,” or “they must compensate.”

The focus is “what happened, when, and how it can be shown.”

2. Where Will It Be Submitted?

The structure depends on the recipient.

Possible recipients include:

• Administrative agency
• Immigration office
• School
• Public corporation
• Company
• Contract counterparty
• Administrative appeals commission

The same fact may need different wording depending on where it is submitted.

3. What Evidence Exists?

A fact confirmation certificate must be based on objective facts.

Relevant materials may include:

• Photos
• Videos
• Text messages or KakaoTalk
• Emails
• Contracts
• Receipts
• POS records
• Card payment records
• Entry logs
• Third-party confirmation
• Official documents

If there is only a claim without evidence, issuance may be difficult.

Limits of a Fact Confirmation Certificate

The limits must also be clear.

A fact confirmation certificate is not an official government document.

It is not notarization.

It is not a court judgment.

It is not an enforceable title.

The recipient institution is not required to accept it automatically.

The institution will review the certificate together with attachments, other evidence, and the other party’s position.

So a fact confirmation certificate does not guarantee a result.

Its value lies in organizing scattered facts and evidence into a readable structure.

Then Why Is It Useful?

The most common problem in disputes or administrative procedures is not always the absence of documents.

Often, the documents exist but are not organized.

There may be CCTV, card records, messages, and photos.

But if no one explains what each document proves, the materials may not be persuasive.

A fact confirmation certificate can help by:

• Organizing facts chronologically
• Explaining the role of each evidence item
• Separating claims from evidence
• Creating a readable structure for the recipient
• Supporting administrative submission
• Preserving materials for future dispute prevention

The same facts can be understood differently depending on how they are organized.

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 record
• Last card payment record
• Employee departure record
• Door lock record
• Confirmation from nearby stores
• Inspection situation summary
• Comparison table between the notice and actual facts

If these materials are submitted only with the sentence “this is unfair,” the explanation is weak.

You need to show when the business actually closed, what each piece of evidence proves, and which part of the notice is inconsistent with the facts.

That organized document may become a fact confirmation certificate or factual summary.

What To Prepare Before Consultation

To review whether a fact confirmation certificate may be appropriate, prepare:

• Notice or disposition document
• The disputed fact
• Materials showing the actual fact
• Photos and videos
• Text messages, KakaoTalk, or emails
• Contract
• Receipts
• Card payment records
• POS records
• Entry logs
• Availability of third-party confirmation
• Submission deadline
• Recipient institution

Evidence that disappears over time, such as CCTV, should be preserved first.

In some cases, evidence preservation is more urgent than deciding the final document format.

FAQ

Q. Can’t an attorney write a fact confirmation document?

An attorney can prepare legal opinions or litigation documents based on facts.

But a fact confirmation certificate under Article 20 of the Administrative Agent Act is an administrative agent document.

The purpose and legal basis are different.

Q. What is the difference between a private investigator report and a fact confirmation certificate?

A private investigator report is private investigation material.

An administrative agent fact confirmation certificate is based on Article 20 of the Administrative Agent Act and Form No. 17 under the Enforcement Rule.

However, even a fact confirmation certificate is not notarization or a court judgment.

Q. Will an administrative agency automatically accept a fact confirmation certificate?

No.

The agency reviews all submitted materials together.

A fact confirmation certificate should be understood as a document that organizes and submits factual circumstances.

Q. Can I receive a fact confirmation certificate without evidence?

Usually, it is difficult.

A fact confirmation certificate must be based on objective facts, so photos, videos, records, documents, or third-party confirmation are needed.

Q. Can it still be used after an administrative disposition has already been issued?

It may be possible.

However, objections and administrative appeals have strict deadlines, so the matter should be reviewed immediately.

For example, administrative appeals often involve a 90-day deadline from the date you became aware of the disposition.

Closing

Many people can check facts.

But a fact confirmation certificate under Article 20 of the Administrative Agent Act is a separate matter.

It has a legal basis, a statutory form, and is issued by an administrative agent in connection with their work based on objective facts.

It is different from an attorney’s legal opinion, a private investigator’s report, judicial scrivener documents, or labor attorney documents.

The important point is to choose the document that fits your situation.

If legal judgment is needed, consult an attorney.

If it is a labor matter, a labor attorney may be needed.

If insurance loss assessment is involved, a loss adjuster is the proper professional.

If you need factual organization for administrative submission, review of fact confirmation certificate issuance, or factual explanation for fines, permits, or immigration matters, it may be reviewed within the scope of administrative agent work.

Evidence disappears over time.

CCTV, entry logs, and business records may become difficult to recover if you wait.

If you need fact confirmation, start by checking the direction first.

Consultation

Ethos Administrative Office assists with factual summaries for administrative submission, review of fact confirmation certificate issuance, administrative fine opinion materials, administrative appeal supporting materials, and factual organization for immigration and permit matters.

Litigation representation, legal dispute representation, insurance loss adjustment, tax representation, registration, and notarization may require consultation with the appropriate licensed professional.

The next article will explain how fact confirmation certificates are actually used in practice.