PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 2 Stay of Execution
Article 116
The execution of the original disposition or decision shall not be stayed by initiating an administrative litigation unless otherwise provided in applicable laws.
Where an administrative litigation is pending and the administrative court deems that the execution of the original disposition or decision will cause irrevocable harm and there is a pressing situation, the court may, on motion or on its own initiative, order to stay execution by a ruling. However, if the stay will substantially affect the public interest or the plaintiff's claim is manifestly without legal grounds, no stay shall be allowed.
Prior to the initiation of an administrative litigation, if the execution of the original disposition or decision will cause irrevocable harm and there is a pressing situation, the court may also, on motion raised by the person subject to the administrative disposition or the administrative appellant, order to stay execution by a ruling. However, if the stay will substantially affect the public interest, no stay shall be allowed.
The administrative court shall, prior to rendering rulings provided in the preceding two Paragraphs, request for opinion by the parties. If the original government agency which made the administrative disposition or decision has, on motion or on its own initiative, ordered to stay execution, the court shall order to dismiss the motion by a ruling.
A ruling to stay the execution has the effect to stay the effect of the original disposition or decision, the execution or extension of proceeding of the disposition or decision in whole or in part.
Article 117
The preceding Article shall apply mutatis mutandis to litigations in declaring the invalidity of an administrative disposition.
Article 118
Where the grounds to stay the execution no longer exist or there are changes in circumstances, the administrative court may, on motion or on its own initiative, order to revoke the ruling that grants the stay of execution.
Article 119
An appeal may be taken from the ruling which orders to stay the execution or to revoke the ruling that grants the stay of execution.