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Chapter Law Content

Chapter 1 General Principle
Article 1
Administrative execution is executed in accordance with this Act. If there is no applicable provision for the administrative execution in this Act, relevant provisions of other laws shall apply.
Article 2
The term "administrative execution" used in this Act means the compulsory execution on obligatory payment under public law, compulsory execution on obligation of action or non-action, and immediate coercion.
Article 3
Administrative executions should be carried out under the principles of fairness and within reason, in the best interest of the common good and civil rights, using adequate methods not exceeding that needed for the execution.
Article 4
Administrative execution shall be executed by the original disciplinary agency or the competent administrative authority. But under public law, failure to honor monetary obligations before the deadline would result in the case being sent to the Ministry of Justice’s branch of Administrative Enforcement Agency to be executed. The organizational rules of the Administrative Enforcement Agency of the Ministry of Justice and its branch shall be determined by other laws.
Article 5
Administrative execution shall not be executed at night, on Sundays or holidays, except in instances the enforcement authority deems urgent, or has been given consent by the obligor.
Executions started during daytime can continue into the night.
During an execution, executors should provide identification to obligors. When necessary, personal identification or other documents may be requested of obligors or persons of interest.
Article 6
An authority may request official assistance particularly when:
1. Execution must be executed outside of jurisdiction.
2. No applicable executors are available.
3. The possibility of resistance exists.
4. The execution may be very complicated to execute.
5. Executions that involve other agencies.
The authority approached may not refuse assistance without just cause. it shall so inform the authority making the request
Article 7
Administrative executions should not be started if the administrative disposition or ruling has not been executed within 5 years after the date of disposition or after the expiration period of performing deadlines provided by documents according to other laws and regulations. Executions started before the 5-year expiration period are to be continued. Executions not completed 5 years after the 5-year expiration period are not to be continued.
The foregoing paragraph is inapplicable where the law stipulates otherwise.
Executions started, as stated in the first paragraph, means one of the following:
1. Notifying the obligor to appear at session or voluntarily commit all outstanding sums, report their finances or other necessary statements.
2. The investigation process has commenced.
The third paragraph also applies to cases transferred for enforcement before the amendments of this act came into force on March 5, 2007.
Article 8
If one of the following circumstances occurs, the enforcement authority shall terminate the execution pursuant to its authority or according to the application of the obligor or the interested person:
1. The obligation has been completely performed or finished executing.
2. The revocation or alteration of the administrative disposition or ruling has been confirmed.
3. The performance of the obligation is proved to be impossible.
That the administrative disposition or ruling has been partly revoked or altered has been confirmed, the enforcement authority shall terminate the execution for the revoked or altered proportion of the original disposition or ruling.
Article 9
For the execution decree, manner of execution, the applying procedures, or other events related to the infringement of rights, the obligor or interested person can submit a motion of objection to the enforcement authority before the end of the execution procedure.
If the enforcement authority agrees with the foregoing motion of objection, the execution shall be stayed immediately and the execution already conducted shall be revoked or altered. If the enforcement authority does not agree with the motion of objection, within 10 days the enforcement authority should add comments and escalate to its superior authority to determine if the motion of objection is acceptable within 30 days.
Administrative execution shall not be stayed due to any motion of objection, unless otherwise provided by the law. Notwithstanding, the enforcement authority can stay an execution according to the authority or upon an application for its necessity.
Article 10
During administrative execution, if there is any injury that state shall be liable for pursuant to State Compensation Law, the injured person may claim for compensation according to the Law.