행정소송에 있어서 집행정지에 대한 소고

Abstract

As Judicial Review of Administrative Action consume much time for the final ruling, engaging in such administrative proceedings does not provide adequate protection for stopping execution of administrative actions. Thus equitable remedy of suspension of execution is needed in order to provide adequate protection from the engagement stage to the final ruling in administrative proceedings. This thesis focuses on the elements required for suspension of execution based on case law, especially on whether the likelihood of success in final ruling should be one of the elements. The likelihood of success in final ruling should not be an element, as it is not stated nor mentioned in any part of the relevant statute. As suspension of execution cannot be used as an equitable remedy under the current statute for administrative refusal to act, new statutes incorporating performance of provisional duties and provisional orders should be enacted.