PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 5 Stay of Litigation Proceedings
Article 177
When the decision on an administrative litigation is premised upon the existence or non-existence of civil legal relations to be determined in another litigation which is pending and not concluded, the administrative court shall by a ruling stay the proceeding.
In addition to the circumstances provided in the preceding Paragraph, if there is another civil, criminal or other administrative litigation that is relevant to the decision of the administrative litigation, the administrative court shall by a ruling stay the proceeding until the civil, criminal or other administrative litigation is concluded.
Article 178-1
An administrative court shall stay the proceeding by a ruling when it opines that the statutory law applicable to the litigation is unconstitutional and applies to the Constitutional Court for a judgment that declares the statutory law as unconstitutional.
Article 179
When a person who becomes party to a litigation on behalf of another person in his/her own name based on a certain qualification either loses such qualification or dies, the proceeding shall be stayed automatically until another person with the same qualification assumes the litigation.
When all of the appointed or designated persons to be parties to litigation as provided in Article 29 lose their qualification, the proceeding shall be stayed automatically until all of the parties sharing the same interests, or a newly appointed or designated person to be party to litigation assume the action.
Article 180
Article 179 does not apply where the party concerned is represented by an advocate; in such cases, however, the administrative court may rule, in its discretion, to stay the proceeding.
Article 181
After the proceeding is stayed, a person assuming the litigation in accordance with the applicable laws shall submit statement for assumption of the litigation as soon as he/she is able to assume the litigation.
The opposing party may also submit statement for assumption of the litigation.
Article 182
When the proceeding is stayed automatically or by a ruling, neither the administrative court nor the parties may conduct acts of litigation concerning the principal case. Notwithstanding, if the proceeding is stayed automatically after the conclusion of the oral-argument sessions, the decision based on such oral argument may be announced.
When the proceeding is stayed automatically or by a ruling, all relevant periods of time shall cease to run, and then continue to run from the end of the stay.
Article 183
The parties may stay the proceeding by consent, except that the stay is detrimental to protecting the public interest.
The consent provided in the preceding Paragraph shall be notified by both parties to the administrative court.
If the administrative court determines that the consent provided in the first Paragraph is detrimental to protecting the public interest, the court shall order by a ruling within one month to continue the litigation.
No appeal may be taken from the ruling provided in the preceding Paragraph.
The running of a peremptory period shall not be affected by the stay by consent provided in Paragraph 1.
Article 184
In addition to the ruling provide in Paragraph 3 of the preceding Article, if the parties who consented to stay the proceeding fail to continue the proceeding within four months after notifying such consent to the court, the case shall be deemed dismissed voluntarily. The parties may stay the proceeding by consent again only for another time, after continuing the proceeding from a stay by consent. If the parties notify the court again to stay the proceeding by consent, the case shall be deemed dismissed voluntarily.
Article 185
The fact that both parties failed to appear in the oral-argument sessions without giving a justifiable reason will be deemed a consent to stay the proceeding, unless the stay is detrimental to protecting the public interest. If the parties fail to continue the proceeding within four months thereafter, the case will be deemed dismissed involuntarily. Nonetheless, the administrative court may, as it considers necessary, continue the proceeding on its own initiative.
When the administrative court orders to continue the litigation in accordance with the proviso of the preceding Paragraph, if both parties still fail to appear without giving a justifiable reason, the case shall be deemed dismissed voluntarily.
When the administrative court deems that the stay of proceeding as provided in the first Paragraph is detrimental to protecting the public interest, unless otherwise provided in applicable laws, the court shall order by a ruling to continue the action within one month after such date.
No appeal may be taken from the ruling provided in the preceding Paragraph.
Article 186
Articles 168 to 171 inclusive, Article 173, Article 174, Articles 176 to 181 inclusive, Articles 185 to 187 inclusive, of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section.