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Processing flow chart for motion of objection

  • Publication Date :
  • Last updated:2020-02-07
  • View count:1772

An obligor or party in interest may raise an objection to execution decree, manner of execution, procedure, or other affection on the legal interest to an administrative authority prior to the end of execution procedure. Execution shall be immediately suspended upon such motion of objection that deemed reasonable by the administrative authority, and the actions already taken shall be withdrawn or corrected. In case such motion is deemed unreasonable, the administrative authority shall submit its opinions within 10 days to the superior competent authority, Administrative Enforcement Agency of Ministry of Justice, for a resolution within 30 days (see Article 9 of Administrative Execution Act). Therefore, after an obligor or party in interest has raised an objection to an administrative authority, the authority shall first conduct an investigation, the recording officer shall produce a report on execution process, and the enforcement officer shall produce a review opinion report, and then submit to Director via Chief Enforcement Officer for approval. If such objection is determined to be reasonable, then execution shall be suspended, and the actions already taken shall be withdrawn or corrected; no motion to object shall be established and assigned. On the other hand, if it is determined that such objection is not reasonable, then a motion should be established and assigned, and the review opinion report shall be submitted to Administrative Enforcement Agency for determination. If the Agency rules that the objection is not reasonable, then the Agency shall conclude with the decision to overrule the objection; if the Agency rules that the objection is reasonable, then the Agency shall conclude with the decision to suspend, withdraw, or correct the conduct.

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