행정소송상 집행정지의 대상적격 (A Object of Execution Suspension in Administrative Litigation Act)

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 원광법학 / 27권 / 3호 / 225 ~ 248페이지
· 저자명 : 강수경

초록

1. Korean Administrative Litigation Act subsection (1) of Article 23(Suspension of Execution) regulates "The institution of a revocation litigation shall not preclude the effect, execution or the continuation of a procedure of disposition, etc.". Therefore an Execution is not suspended, although a disposition, etc. is indeed illegal. It is disadvantageous to other party of a disposition, etc.
2. To overcome this unreasonableness, korean Administrative Litigation Act Article 23 (2) rules "In case where a revocation litigation is instituted, if it is deemed urgently necessary to prevent irreparable damage from being caused by a disposition, etc. or execution or the continuation of procedure thereof, the court, in which the merits are pending, upon a request from the party or ex officio, may decide to suspend wholly or partly the effect, execution or the continuation of procedure of the disposition, etc. (hereinafter referred to as the "suspension of execution"): if the objective of a suspension of the effect of a disposition may be attained by suspending the execution or the continuation of procedure of the disposition etc., it shall not be permitted." So "suspension of execution" is exceptionally recognized.
3. In this essay, objects of "execution suspension" in Administrative Litigation are researching. Especially negative disposition, powerless action, later disposition and double effect disposition(additional clauses disposition and effect on the third party disposition).
4. I suggest, that our Administrative Litigation Act will become a fundamental rule of "suspension of execution". Therefore in almost Administrative Litigation, "The institution of a revocation litigation shall preclude the effect, execution or the continuation of a procedure of disposition, etc.". It is a way to the protection of a citizen right.

영어초록

1. Korean Administrative Litigation Act subsection (1) of Article 23(Suspension of Execution) regulates "The institution of a revocation litigation shall not preclude the effect, execution or the continuation of a procedure of disposition, etc.". Therefore an Execution is not suspended, although a disposition, etc. is indeed illegal. It is disadvantageous to other party of a disposition, etc.
2. To overcome this unreasonableness, korean Administrative Litigation Act Article 23 (2) rules "In case where a revocation litigation is instituted, if it is deemed urgently necessary to prevent irreparable damage from being caused by a disposition, etc. or execution or the continuation of procedure thereof, the court, in which the merits are pending, upon a request from the party or ex officio, may decide to suspend wholly or partly the effect, execution or the continuation of procedure of the disposition, etc. (hereinafter referred to as the "suspension of execution"): if the objective of a suspension of the effect of a disposition may be attained by suspending the execution or the continuation of procedure of the disposition etc., it shall not be permitted." So "suspension of execution" is exceptionally recognized.
3. In this essay, objects of "execution suspension" in Administrative Litigation are researching. Especially negative disposition, powerless action, later disposition and double effect disposition(additional clauses disposition and effect on the third party disposition).
4. I suggest, that our Administrative Litigation Act will become a fundamental rule of "suspension of execution". Therefore in almost Administrative Litigation, "The institution of a revocation litigation shall preclude the effect, execution or the continuation of a procedure of disposition, etc.". It is a way to the protection of a citizen right.

참고자료

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