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Review flow chart of matter referral from affiliated agencies

  • Publication Date :
  • Last updated:2020-02-07
  • View count:1799

According to Article 11 of Administrative Execution Act, an obligor by law is obliged to render monetary payment if so demanded by law or by administrative penalty of the Act or by ruling of courts; the competent authority may refer disposition of an obligor who fails to perform accordingly within time limit as demanded to an administrative authority, which shall enforce execution against the obligor’s property. Article 13 of the same Act also requires an affiliated agency to submit the following documents when referring for coercive execution: (1) Referral paper; (2) documents of disposition, court ruling, or documents of which the obligor is subject to legal obligation; (3) list of the obligor’s property, but not required if the affiliated agency has no knowledge of the obligor’s property; (4) documents concerning the obligor’s overdue obligation, and (5) other related documents. Article 26 of the same Act also applies related regulations provided by Compulsory Enforcement Act and Civil Procedure Code (refer to Article 249) and stipulates that when an administrative authority accepts a matter, the authority shall immediately registers the matter and conducts an investigation on the jurisdiction over the referred matter, entitlement foreclosure, capacity to be a party, proceeding capacity, and the comprehensiveness of legal criteria for legal representative and referral process. In the case that the result shows that the administrative authority has no jurisdiction over the matter, then the matter shall be transferred to the competent authority (see Article 20 of Enforcement Rules for Administrative Execution Act). The administrative authority shall order the affiliated agency to remedy for lack of legal criteria, if any, and shall reject the matter because the referral of such case is not legally sustainable due to failure to remedy within the specific time limit. However, if the matter is beyond remedy, such as lack of disposing capacity due to litigant’s death, then the matter shall be rejected directly without further waiting for remedy.

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