Persons subject to determination on suspension of execution of administrative disposition

In the case of application for an order to suspend the execution of an administrative disposition, whether or not the administrative disposition itself should not be determined, and whether or not the requirements of Article 10(1) of the Administrative Litigation Act should be determined.

Article 10 of the Administrative Litigation Act

[Judgment of the court below]

Seoul Special Metropolitan City Mayor

Seoul High Court Order 83Nu106 Dated July 29, 1983

The special appeal is dismissed.

The grounds of special appeal are examined.

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 under Article 10 (1) of the Administrative Litigation Act is subject to determination, and even in examining the record, there is no error in the original decision dismissing the application for the suspension of execution of an administrative disposition under the same purport, since there is no possibility that the execution of the administrative disposition may cause irreparable damages, which are the requirements under the above Article, and there is no evidence to recognize that there is an urgent reason. Accordingly, the Supreme Court's ruling is not appropriate.

There is no reason to discuss this issue.

Therefore, the special appeal of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)