Whether a decision to suspend compulsory execution pursuant to Articles 474 and 473 of the Civil Procedure Act violates Article 6(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (negative)

According to Article 6(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, a judgment on a claim for property right shall be declared to the effect that a provisional execution may be carried out, unless there is a good reason, regardless of the existence of a party’s application. However, this cannot be said to be a decision contrary to the above provisions, as a provision on a declaration of provisional execution.

Articles 473 and 474 of the Civil Procedure Act, Article 6(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Attorney Lee Jin-ok, Counsel for the special appellant

Incheon District Court Order 83Ka7185 dated November 23, 1983

The special appeal is dismissed.

We examine the grounds for special appeal.

According to Article 6(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, a judgment on a claim for property right shall be declared that a provisional execution may be carried out, regardless of the existence of a party’s application, unless there is a good reason. However, this is a provision on a declaration of provisional execution, which cannot be deemed a decision contrary to the above provisions, and other than the original decision of this case itself, it is not recognized that there is a violation of the Constitution or the law. The arguments are groundless.

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

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young