Subject matter of judgment in application for suspension of administrative disposition

In the case of an application for the suspension of execution of an administrative disposition, the legitimacy of the administrative disposition itself should not be determined, and the existence or absence of the requirements of Article 23(2) of the Administrative Litigation Act should be determined on whether the administrative disposition should be suspended.

Article 23 (2) of the Administrative Litigation Act

Supreme Court Decision 83F12 delivered on December 20, 1983, 86Du5 delivered on March 21, 1986

Re-appellant

Attorney Han Woo-man, Cho Jong-sik

Seoul High Court Order 85Nu104 dated February 8, 1986

The reappeal is dismissed.

The grounds of reappeal are examined.

In the case of an application for the suspension of execution of an administrative disposition, it is not necessary to determine the legitimacy of the administrative disposition itself, and it is subject to the determination of whether the administrative disposition should be suspended or not, as provided by Article 23 (2) of the Administrative Litigation Act, and the records are examined, the execution of the administrative disposition in question is likely to cause irreparable damages, and there is no evidence to recognize that there is an urgent reason, so the original decision dismissing the application for the suspension of execution of the administrative disposition in this purport is not in violation of the Constitution or law, and there is no reason to regard it as violating the original decision differently. The arguments are groundless.

Therefore, the reappeal of this case is dismissed. It is so decided as per Disposition by all participating judges.

Justices Song Man-Ba (Presiding Justice)