CONTENTS
- 1. The Client Who Sought the Busan Administrative Law Attorney
- - How the Client Came to Seek the Busan Administrative Law Attorney
- 2. Laws on Stay of Execution Explained by the Busan Administrative Law Attorney
- 3. Assistance Provided by the Busan Administrative Law Attorney
- - Busan Administrative Law Attorney's Argument (1): Indirect Compulsory Performance Payment
- - Busan Administrative Law Attorney's Argument (2): Urgent Necessity
- 4. The Court's Decision on the Busan Administrative Law Attorney's Argument
- 5. If You Need the Assistance of a Busan Administrative Law Attorney
1. The Client Who Sought the Busan Administrative Law Attorney
The client who came to a Busan administrative law attorney sought to work with an experienced attorney to obtain a provisional disposition for a stay of compulsory execution, and so the client requested assistance from the administrative law attorney at the Busan office.
How the Client Came to Seek the Busan Administrative Law Attorney
The circumstances of the client, who urgently came to the Busan administrative attorney to request a consultation, are as follows.
The client was working using a tractor, agricultural machinery, and other equipment necessary for farming.
An indirect compulsory payment was imposed on the client on the ground that this equipment obstructed the passage of other people.
In addition, the client had received a decision for a compulsory auction of real estate, and the compulsory auction procedure was underway based on that decision.
However, the client had not in fact violated the obligation to refrain from obstructing passage, and felt that the situation was deeply unfair.
Working with a specialized attorney on the case, the client resolved to obtain a 🔗stay of execution decision regarding the compulsory execution against the real estate.
The client came to the Busan administrative attorney seeking to resolve the matter with the help of a specialized attorney who has extensive practical experience and know-how in the field of administrative litigation.
2. Laws on Stay of Execution Explained by the Busan Administrative Law Attorney
Article 23, Paragraph 2 of the Administrative Litigation Act and Article 21 of the Administrative Appeals Act address urgent measures designed to prevent harm that is difficult to recover when an administrative disposition or its execution raises the risk of such harm.
In administrative litigation, the court may, upon a party's application or on its own authority, temporarily suspend the effect of a disposition or its execution.
A stay of execution is a measure intended to prevent harm from arising while the suit on the merits remains pending.
By contrast, under the Administrative Appeals Act, when an application for a stay of execution raises the risk of irrecoverable harm, the chairperson decides the stay on his or her own authority following a review by the committee.
Both the Administrative Litigation Act and the Administrative Appeals Act permit urgent measures to prevent harm arising from an administrative disposition, but they differ in the applicable procedures and in the authority to decide.
3. Assistance Provided by the Busan Administrative Law Attorney
The Busan administrative attorney formed a task force of more than 3 to 20 specialists with experience handling various stay of execution cases and established a strategy.
To obtain a stay of execution decision by clearly establishing that the client had not obstructed the passage of others, the attorney argued as follows.
Busan Administrative Law Attorney's Argument (1): Indirect Compulsory Performance Payment
If the client were to violate the duty not to obstruct the passage of others, an obligation to pay an indirect compulsory performance payment would arise.
However, because the client had not violated the duty not to obstruct passage, it can be regarded that the condition for imposing the indirect compulsory performance payment had not been fulfilled.
Accordingly, it was emphasized that the decision on compulsory execution based on the writ of execution should also be denied.
Busan Administrative Law Attorney's Argument (2): Urgent Necessity
The Administrative Litigation Act and the Administrative Appeals Act recognize a stay of execution in cases where the execution of an administrative disposition would cause harm that is difficult to recover from.
If a provisional disposition staying compulsory execution is not granted for the client in this case, the client could suffer irrecoverable emotional and material losses.
The Busan administrative attorney emphasized that a stay of execution against this disposition was urgently needed.
4. The Court's Decision on the Busan Administrative Law Attorney's Argument
The court, accepting the arguments of the Busan administrative attorney, decided as follows: ‘The auction procedure in the compulsory auction case concerning the real estate shall be stayed until the pronouncement of the judgment.’
The client expressed deep gratitude, stating that it was thanks to the Busan administrative attorney that the stay of execution decision could be obtained.
5. If You Need the Assistance of a Busan Administrative Law Attorney
At the 🔗Administrative Group of Daeryun Law Firm, administrative law specialist attorneys with backgrounds at local administrative appeals commissions, the Ministry of Employment and Labor, the Korea Workers' Compensation and Welfare Service, and the Central Disciplinary Committee for public officials collaborate cohesively.
With specialist attorneys who have extensive practical experience and know-how in administrative litigation and administrative relief at its core, the group forms a task force and establishes a thorough strategy.
It provides comprehensive legal services, including not only representation in administrative appeals and administrative litigation regarding administrative dispositions but also representation in administrative procedures, interpretation of statutes related to administrative regulation, and advisory services.
It analyzes administrative litigation data and trends in recent administrative litigation precedents to respond to cases promptly and clearly.
If you are in a situation similar to the case above and need the help of a 🔗Busan attorney, you are welcome to contact Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
