The subject of judgment in the case of application for suspension of administrative disposition

In the case of application for the suspension of the execution of administrative disposition, it is not necessary to determine the legitimacy of the administrative disposition itself, and whether the administrative disposition should be suspended or not the requirements under Article 23 (2) of the Administrative Litigation Act are the subject of judgment.

Article 23 (2) of the Administrative Litigation Act

[Defendant-Appellee] Plaintiff 1 and 2 others, Counsel for defendant-appellee

Head of Busan Metropolitan City;

Busan High Court Order 90Da17 delivered on April 11, 1990

The reappeal is dismissed.

The grounds of reappeal are examined.

In the case of an application for the suspension of the 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 or not the administrative disposition itself is to suspend the execution of the administrative disposition under Article 23 (2) of the Administrative Litigation Act, and the records are examined, so there is no possibility that the execution of the administrative disposition may cause irreparable damages, and there is no evidence to recognize that there is an urgent reason, so the original decision that dismissed the application for the suspension of the execution of the administrative disposition in this regard is not proper and discussed.

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

Justices Yoon So-young (Presiding Justice)