행정처분 집행정지 결정의 종기에 대한 검토

Abstract

There are no rules in the Administrative Litigation Law, about the end of thedecision on the suspension of administrative execution. The administrative courts customarilydecide that the effect of the decision maintains until the sentence of judgment. In that cases, theSupreme Court has decided that the sentence of judgment extinguishes the effect of the decisionon the suspension of execution, and revives the effect of the administrative measure. The administrative courts' custom and the Supreme Court's decisions inflicts a fatal loss on partyin dispute, and several confusions on not only party but also administrative authorities. So it is neededto correct the custom and decisions, but I think it is impossible to correct them without legislation,because the administrative courts' and the Supreme Court's stubbornness. I think it is possible onlyby legislation. I think we can solve the above problems by legislations, which stipulate that 'the decision on thesuspension of administrative execution has an effect until the judgment settlement', and that 'when aperiod or a time limit has passed because of the decision on the suspension of administrativeexecution, the authority should order a new period or a new time limit after the judgment sentence'. And I think that the same legislation is needed related with the temporary disposition which isplanned to be introduced to the Administrative Litigation Law.