Stay of Execution Procedure (Administrative)

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

1. 1Filing the main lawsuit
2. 2Application for a stay of execution
3. 3Examination date
4. 4Submission of the agency's opinion
5. 5Decision
6. 6Judgment in the main case

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

Time required

Varies with the court's circumstances and urgency

Cost

Stamp KRW 2,000 and service fee (the stay of execution provisions contain no rule on providing security)

Procedure guide

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

1. 1

   Filing an administrative lawsuit does not automatically stop the effect of a disposition such as a business suspension, license revocation, or eviction order. So to stop the disposition, you must separately apply for a stay of execution. A stay of execution can be applied for only while a main lawsuit (the lawsuit challenging the revocation of the disposition) is pending, so file the revocation lawsuit or similar first, or at the same time as the application for a stay.

2. 2

   In the application, state what loss the disposition causes and why it is urgent, and submit prima facie evidence (materials proving the circumstances) such as sales records, medical certificates, contracts, and employment status (Administrative Litigation Act §23). Monetary loss is in principle seen as recoverable later, so you must specifically show special circumstances, such as it becoming difficult to continue the business. A mere statement that 'the loss is large' is hard to get recognized.

3. 3

   The court may examine the case in writing or hold an examination date to hear the applicant and the administrative agency (Administrative Litigation Act §8(2), Civil Procedure Act §134). If the execution date of the disposition is close, state that clearly in the application. That way the court knows the urgency and can judge when to decide.

4. 4

   The administrative agency submits an opposing opinion, citing, among other things, how stopping the disposition would affect public welfare. At the examination date, the applicant further explains that the loss is hard to recover and that there is a chance of winning the main lawsuit. You should answer the agency's opposing arguments one by one so that the court can compare both sides' circumstances.

5. 5

   The court orders a suspension of the disposition's effect, a stay of its execution, or a stay of the continuation of proceedings, until a certain period after the judgment in the main case is pronounced. If you submit the authenticated copy of the decision to the agency, you can continue operating or keep your license during that period. This is because the officials on site must know about the stay to prevent additional dispositions.

   Current step
6. 6

   If you win the main lawsuit, the disposition is cancelled. If you lose, the disposition takes effect again from the point the stay period ends. Even after a stay decision, the agency can apply to cancel it if circumstances change, so keep watching the situation after the decision.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file with?

File with the court where the main lawsuit (revocation lawsuit) is pending. You can file it at the same time as the complaint, and you can also file electronically. A stay of execution presupposes a main lawsuit, so you cannot apply for a stay alone before filing the lawsuit.

QHow much does it cost?

It does not cost much. The stamp fee (court fee) for the application is KRW 2,000, plus the service fee. Unlike a civil provisional injunction (a measure that temporarily freezes the subject of a dispute), as a rule no deposit or security is required.

QThe business suspension starts very soon. How long does a decision take?

The time required depends on the court's circumstances, so check with the court where you applied. If the execution date is close, state that date at the top of the application to make the urgency clear.The court may also decide on the documents alone without a hearing (the procedure of presenting arguments in court).

QWhat materials should I submit?

Submit materials showing that 'if the disposition is carried out, loss will occur that is hard to recover with money'. Specific figures and documents are needed, for example sales ledgers and tax returns, employee payroll and employment status.Lease agreements and loan agreements (risk of closure or default) and customer booking records can also be used. For health problems, submit a medical certificate.A statement that 'the loss is large' alone is not enough. This is because monetary loss is in principle considered recoverable.

QIf a stay of execution is granted, does that mean the disposition is gone?

No. It only temporarily stops the effect or execution of the disposition until the time set in the operative part of the decision. According to Supreme Court precedent, once that time passes, the disposition takes effect again.So for a disposition with a fixed period, such as a business suspension, the remaining period runs again. Also, submit the authenticated copy of the decision to the responsible department of the administrative agency. That way the officials on site know about the stay and stop the execution.

QIs a stay of execution available for penalty surcharges or tax dispositions?

It is not easy. According to Supreme Court precedent, 'loss that is hard to recover' means, absent special circumstances, loss that cannot be compensated with money.However, economic losses may make it impossible to continue the business or lead to a serious management crisis, where the impact on finances or overall management is that great.If such circumstances exist, they may count as this kind of loss. So show those circumstances specifically with financial materials.