ADMINISTRATIVE VICARIOUS EXECUTION ACT
Act No. 314, Mar. 18, 1954
Amended by Act No. 3755, Dec. 15, 1984
Act No. 9968, Jan. 25, 2010
Act No. 13295, May 18, 2015
Except as otherwise provided in Acts, the security for performance of the administrative obligation shall be subject to the conditions as prescribed by this Act.
| Article 2 (Vicarious Execution and Collection of Expenses) |
Where a person liable for performing an act ordered directly under Acts (including any order issued by delegation of Acts, and any Municipal Ordinance of a local government; hereinafter the same shall apply), or by the order issued by an administrative agency under the Acts, and performable by means of a vicarious execution of another person fails to perform such act, if it is impracticable to secure the performance by other means, and it is deemed too detrimental to the public interest to leave the nonperformance, the administrative agency concerned may perform the act to be done by the person liable for it, or have a third person do it, and collect the expenses therefor from the person liable for it.
| Article 3 (Procedure for Vicarious Execution) |
| (1) | In making the disposition as prescribed in the preceding Article (hereinafter referred to as the "vicarious execution"), a prior warning shall be given in writing to the effect that if the performance is not rendered within a fixed reasonable period, the vicarious execution should be conducted. In such case, an administrative agency shall secure a period of time which is deemed necessary to comply with obligation by social norms in consideration of the nature, content, etc., of such obligation, in determining a reasonable period of time for compliance. <Amended by Act No. 13295, May 18, 2015> |
| (2) | If the person liable for performance has received the warning referred to in the preceding paragraph, but fails to perform the obligation by the designated time limit, the administrative agency concerned shall notify by a writ the person liable for performance of the time of vicarious execution, the name of the person to be dispatched to take responsibility for the vicarious execution, and the estimated amount of the expenses therefor. |
| (3) | In case of an emergency or imminent danger, if it is required to execute promptly the act and there is no sufficient time to take the procedures referred to in two preceding paragraphs, the vicarious execution may be carried out without undergoing such procedures. |
| Article 4 (Performance, etc., of Vicarious Execution) |
| (1) | No administrative agency (including a third person who performs vicarious execution under Article 2; hereafter the same shall apply in this Article.) shall perform vicarious execution before sunrise or after sunset: Provided, that the same shall not apply in any of the following circumstances: <Newly Inserted by Act No. 13295, May 18. 2015> |
| 1. | Where the obligator gives his/her consent to the performance of vicarious execution; |
| 2. | Where the administrative agency commences performing vicarious execution before sunset; |
| 3. | Where the objectives of vicarious execution is impossible to achieve if it is performed between sunrise and sunset; |
| 4. | Where other emergencies or imminent dangers exist. |
| (2) | Where the administrative agency deems it necessary to ensure safety through the process of vicarious execution, it shall take any necessary measure, such as the provision of emergency medical equipment or facilities at the scene, etc. <Newly Inserted by Act No. 13295, May 18, 2015> |
| (3) | Any person responsible for execution who is dispatched to the scene to conduct vicarious execution shall carry an certificate indicating his/her status as one responsible for the execution, and show it to the interested person at the time of vicarious execution. <Amended by Act No. 13295, May 18, 2015> |
| Article 5 (Order for Payment of Expenses) |
In collecting the expenses for the vicarious execution, the payment shall be ordered in writing to the person liable for performance, with the amount of expenses disbursed actually and the day of payment fixed.
| Article 6 (Collection of Expenses) |
| (2) | With respect to the expenses for the vicarious execution, the administrative agency shall have the preferential right next to the national taxes, depending on the assignment of the office expenses. |
| (3) | When the expenses for the vicarious execution are collected, the fund collected shall be the revenue of the National Treasury or local governments depending on the assignment of the office expenses. |
| Article 7 (Administrative Appeal) |
Any administrative appeal may be instituted with respect to the vicarious execution.
[This Article Wholly Amended by Act No. 9968, Jan. 25, 2010]
| Article 8 (Guarantee of Right to Institution of Lawsuit) |
The provisions of the preceding Article shall not prevent the right to institute a lawsuit to the court.
| Article 9 (Enforcement Decree) |
Matters necessary for the enforcement of this Act shall be determined by the Presidential Decree.
ADDENDUM
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDA <Act No. 3755, Dec. 15, 1984>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 1985.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9968, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 13295, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability concerning Procedure of Vicarious Execution)
The amended provisions of Article 3 shall apply to any prior warning on or after the date this Act enters into force. Articles 3 (Applicability concerning Time of Performing Vicarious Execution)
The amended provisions of Article 4 (1) shall apply to any notification of a writ for vicarious execution to an obligator on or after the date this Act enters into force. Articles 4 (Applicability concerning Securing Safety in Process of Vicarious Execution)
The amended provisions of Article 4 (2) shall apply to vicarious execution on or after the date this Act enters into force.