Stay of Compulsory Execution Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Bringing a challenge in the main case
2. 2Application for a stay of execution
3. 3Review / order to provide security
4. 4Depositing security
5. 5Stay of execution decision
6. 6Submitting the decision to the execution bodies
7. 7Main case becomes final

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The time until a decision differs from case to case, so check with the court where you applied

Cost

Stamp fee, service fee, and security deposit

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   A 1st-instance judgment with a declaration of provisional execution (a declaration that it can be executed even before the judgment becomes final) is not stopped even if you appeal. To stop execution before the other party seizes your deposits, wages, or real estate, you must first bring a proceeding challenging the enforceable title (the judgment or other basis for execution), such as an appeal or final appeal, a lawsuit of objection to a claim, or a retrial.

2. 2

   Submit an application for a stay of execution and prima facie evidence (materials supporting the reasons) to the court where you brought the challenge (for a lawsuit of objection to a claim, the court where that lawsuit was filed; in urgent cases, the execution court). In the application, state specifically that the grounds for challenge appear to have merit and that loss that is hard to recover will occur once execution is completed.

   Current step
3. 3

   The court examines whether the grounds for challenge have merit and whether there is a risk of loss, and then orders security (a deposit) to be provided. The court sets the amount of security, so if raising funds is difficult, explain the assets subject to execution and the scale of the loss and ask for the amount to be reduced.

4. 4

   If you deposit the security set by the court within the set period and submit the deposit certificate, a decision is issued staying compulsory execution until judgment is pronounced in the main case.

5. 5

   The execution procedure actually stops only when you personally submit the authenticated copy of the decision to the execution bodies, such as the enforcement officer, the execution court, and 3rd-party debtors (bank, employer). Just because a decision has been issued does not mean it is automatically delivered to the execution bodies.

6. 6

   If you win the main case, apply for cancellation of the execution and get the deposit back. If you lose, the stay decision loses its effect and execution resumes, and the other party can receive from the deposit the loss caused by the delayed execution.

Frequently asked questions

Practical questions that come up right away in this procedure.

QDoes execution stop just by appealing?

No. A judgment with a declaration of provisional execution continues to be executed even if you appeal.It stops only if, after filing the notice of appeal, you separately apply for a stay of compulsory execution and obtain a decision. Even if the other party has already seized your deposits, a stay decision can block it as long as collection (actually taking the money) has not yet happened.

QWhich court do I file with?

When applying together with an appeal or final appeal, file with the 1st-instance court where you filed the notice of appeal (after the record has been sent up, the appellate court). When applying together with a lawsuit of objection to a claim (a lawsuit filed to stop execution), file with the court where that lawsuit was filed.You can file electronically; the stamp fee (court fee) is KRW 1,000, plus the service fee.

QHow much security must I provide, and does it have to be cash?

The court sets the amount of security and how it is provided. Whether it can be provided as a guarantee insurance policy (guarantee) is decided by the court case by case. For this, the court may ask for materials showing, among other things, that compulsory execution will still be certain later.If raising cash is difficult, ask for the amount to be reduced, by explaining in the application the specific assets subject to execution and the scale of the loss.

QOnce the decision is made, does execution stop automatically?

No. Execution stops only from the time the applicant personally submits the authenticated copy of the stay decision. It is submitted to the enforcement officer's office, the execution court that issued the seizure order, and 3rd-party debtors (people who owe money to the debtor), such as a bank or employer.When the decision is issued, obtain the authenticated copy that same day and submit it, and keep the receipt. That way you can later prove when the execution stopped.

QWhen do I get the deposited money back?

If you win the main case (such as the appeal), you get it back by obtaining a decision cancelling the security. If you lose, the other party can first take from the deposit the loss caused by the delayed execution (such as late-payment interest).The remaining amount is returned through the procedure for cancelling the security after the other party's period for exercising its rights has passed.

QCan I do it alone without a lawyer?

You can apply yourself, but it is difficult. The key to the decision is writing two things convincingly for the court:'whether the grounds for challenge appear to have merit' and 'whether execution would cause loss that is hard to recover'. An explanation asking for the security to be reduced is also needed.So it is best to prepare together with the lawyer handling your appeal. Also, there is no time to spare, because you must obtain the decision within a short time before execution begins.