Cases subject to adjudication in suspension of execution of administrative disposition;

In the case of a request for administrative disposition or suspension of execution, the subject of judgment is not the legitimacy of the administrative disposition itself, but the suspension of execution under Article 23 of the Administrative Litigation Act.

Article 23 of the Administrative Litigation Act

Supreme Court Order 86Du5 Dated March 21, 1986

Attorney Kim Dong-hwan, Counsel for the applicant

Head of a Si/Gun

Seoul High Court Order 86Nu113 dated July 22, 1986

The reappeal is dismissed.

The grounds of reappeal are examined.

Since the subject of judgment in a case seeking the validity of administrative disposition or suspension of execution is not the legitimacy of administrative disposition itself, but rather the requirements for suspension of execution as stipulated in Article 23 of the Administrative Litigation Act, there is no reason to argue about the ground of illegality in the administrative disposition itself seeking suspension of execution, and even if examining the record, it cannot be viewed that there is a misapprehension of the legal principle as to the requirements for suspension of execution as stipulated in Article 23 of the Administrative Litigation Act.

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

Justices Lee B-soo (Presiding Justice)