CONTENTS
- 1. Background of the Case as Reviewed by a Chuncheon Administrative Litigation Attorney
- 2. The Assistance Provided by the Chuncheon Administrative Litigation Attorney
- - How the Chuncheon Administrative Litigation Attorney Handled the Case
- 3. The Administrative Agency Accepts the Chuncheon Administrative Litigation Attorney's Advocacy
1. Background of the Case as Reviewed by a Chuncheon Administrative Litigation Attorney
The client, who needed the help of a Chuncheon administrative litigation attorney, visited Daeryun Law Firm.
This was because the client had suddenly received an order to restore illegally converted farmland with respect to the office building and land he had used for more than 30 years, placing him at risk of having to demolish the building.
He therefore entrusted the administrative litigation to a Chuncheon administrative litigation attorney at Daeryun Law Firm, which provides legal services led by administrative litigation attorneys who have accumulated extensive official practical experience and know-how in the fields of administrative litigation and administrative relief.
Statutes Related to a Stay of Execution, Reviewed With a Chuncheon Administrative Litigation Attorney
- Stay of Execution
Where a revocation lawsuit has been filed, a determination by which the court, upon application by a party or on its own authority, provisionally suspends the execution of the disposition or the continuation of the procedure when there is an urgent need to prevent irreparable harm that would result from the disposition, its execution, or the continuation of the procedure (Administrative Litigation Act Article 23(2))
Possible only where a revocation lawsuit or a lawsuit to confirm invalidity, among others, has been filed (Administrative Litigation Act Articles 23(2) and 38(1))
- Application for a Stay of Execution
An application made to provisionally suspend the effect of an administrative disposition, filed at the same time as the suit on the merits (or while the suit on the merits is pending)
- Requirements for a Stay of Execution
There must be an interest in the stay of execution
The suit on the merits must be lawfully pending
There must be a risk of irreparable harm
There must be an urgent need
There must be no risk that the stay of execution would seriously affect public welfare
It must not be clear that the claim on the merits is without grounds
- Objection to a Stay of Execution Decision
An immediate appeal against a decision granting or dismissing a stay of execution may be filed within 1 week from the date the decision is served
However, in this case, an immediate appeal against a decision granting a stay of execution does not have the effect of suspending the execution of that decision (Administrative Litigation Act Article 23(5), Civil Procedure Act Article 444)
2. The Assistance Provided by the Chuncheon Administrative Litigation Attorney
The Chuncheon administrative litigation attorney carefully reviewed the case through a legal consultation with the client.
The client had purchased the land on which the current office building stands about 30 years earlier and had operated the office without any problems until now.
In addition, for more than 20 years he had consistently paid local taxes on the office building.
Then, suddenly, the administrative agency issued an order to restore illegally converted farmland, claiming that the building was an illegal structure and demanding restoration (demolition) under the Farmland Act.
The Chuncheon administrative litigation attorney advised the client that it was urgent first to secure a stay of execution of the order to restore illegally converted farmland in order to prepare for the case on the merits, and the client decided to proceed with the Chuncheon administrative litigation attorney on an administrative litigation for a stay of execution.
How the Chuncheon Administrative Litigation Attorney Handled the Case
The Daeryun Law Firm Chuncheon administrative litigation attorney closely examined the various circumstances the client faced and prepared the advocacy in order to obtain a stay of execution.
The Chuncheon administrative litigation attorney argued for a stay of execution of the order to restore illegally converted farmland on the grounds set out below.
-The client's land was in substance used as a livestock shed and had never been used as farmland
-Ordering the demolition of a building that had been used without problems for more than 30 years could amount to a violation of the principle of protection of trust, an abuse of authority, and a social loss, among other things
3. The Administrative Agency Accepts the Chuncheon Administrative Litigation Attorney's Advocacy
The administrative agency, having accepted all of the advocacy of the Daeryun Law Firm Chuncheon administrative litigation attorney, issued a decision stating, “The execution of the restoration order disposition shall be stayed until a ruling is rendered on the administrative appeal.”
Having obtained the stay of execution disposition, the client was able to prepare more thoroughly for the case on the merits.
Daeryun Law Firm provides legal services led by experienced attorneys who have accumulated extensive practical experience and know-how in the field of administrative litigation, including attorneys with backgrounds at the local administrative appeals commission, the Ministry of Employment and Labor, the Korea Workers' Compensation and Welfare Service, and the central disciplinary committee for public officials.
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