CONTENTS
- 1. The client who came to the Incheon administrative law attorney
- - The client who decided to file an application for a stay of execution of the restaurant business suspension
- 2. The laws related to the restaurant business suspension case
- 3. Assistance provided by the Incheon administrative law attorney
- - Irreparable harm arises
- - There is a defect in the business suspension order
- - The degree of the violation is minor
- 4. The court's decision on the arguments of the Incheon administrative law attorney
- - If you have been subject to a restaurant business suspension
1. The client who came to the Incheon administrative law attorney
The client who sought the Incheon administrative attorney, with the assistance of an attorney, conducted a consultation with the administrative attorney at the Incheon office in order to file an application for a stay of execution of the restaurant business suspension and to obtain a decision accordingly.
The client who decided to file an application for a stay of execution of the restaurant business suspension
The client in this case is the owner of a restaurant operating a general eating establishment.
Then one day, the client became subject to an administrative sanction from a public institution on the ground that the client had violated regulations related to restaurant sanitation.
Accordingly, the client received a two-month restaurant 🔗business suspension order.
Having suddenly received the business suspension order, the client faced significant economic difficulties, and as a result of the business interruption, the restaurant's reliability declined considerably.
The client considered the disposition to be unjust, and accordingly decided to file an application for a stay of execution.
In order to respond legally to the disposition with the assistance of an attorney, the client sought the Incheon administrative attorney.
2. The laws related to the restaurant business suspension case
Meaning of a stay of execution
A stay of execution refers to a court's decision, where a revocation lawsuit has been filed, to provisionally suspend the execution of the disposition, etc. or the continuation of the procedure, upon the application of a party or ex officio, when there is an urgent necessity to prevent irrecoverable damage that would arise from the disposition, etc. or its execution or the continuation of the procedure (
Such a stay of execution is possible only where a revocation lawsuit or a lawsuit to confirm invalidity, etc. has been filed (Article 23 of the “Administrative Litigation Act”, paragraph (2), and Article 38, paragraph (1)).
Application for a stay of execution
A stay of execution is applied for, in order to provisionally suspend the effect of an administrative disposition, simultaneously with the filing of the lawsuit on the merits (or while the lawsuit on the merits is pending).
3. Assistance provided by the Incheon administrative law attorney
The Incheon administrative attorney analyzed precedents similar to this case and established a systematic strategy.
The Incheon administrative attorney argued the following in order to obtain a decision on the stay of execution.
Irreparable harm arises
In order to satisfy the requirements for a stay of execution, irrecoverable damage must arise for the person subject to the disposition.
It was emphasized that the client in this case faced significant economic difficulties as a result of the disposition and that, with the customers' reliability having declined considerably, irrecoverable damage had arisen.
There is a defect in the business suspension order
A stay of execution must be decided in compliance with lawful procedure.
However, the business suspension order against the restaurant in this case was a decision made without following lawful procedure.
Accordingly, we emphasized that this disposition was not justified with respect to our client and was excessive, making it a matter in which a stay of execution was urgently needed.
The degree of the violation is minor
In this case, the degree to which our client violated the regulations was not significant and was relatively minor.
In addition, there was no intent on our client's part regarding the violation, and we emphasized that the disposition was somewhat excessive and that a stay of execution was necessary.
4. The court's decision on the arguments of the Incheon administrative law attorney
Accepting the arguments of the Incheon administrative attorney, the court issued a ‘stay of execution’ decision regarding this disposition.
Although our client could have suffered various disadvantages, such as the revocation of the sanitation grade approval, with the assistance of the Incheon administrative attorney the matter was resolved smoothly.
If you have been subject to a restaurant business suspension
This case was an instance in which a client assisted by an Incheon administrative attorney obtained a stay of execution decision regarding a restaurant business suspension order.
Daeryun LLC operates an administrative group, and attorneys with extensive practical experience and expertise assist clients with their cases.
If you are in a situation requiring legal assistance such as the case above, please consult an Incheon administrative attorney at Daeryun LLC at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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