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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Order 2024Mu689 Dated June 19, 2024 【Suspension of Execution】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether an act that does not cause direct legal changes to the legal status of the counterparty or parties concerned, such as an administrative agency’s internal decision-making constitutes an administrative agency’s disposition that is subject to an appellate process (negative) [2] Meaning of “legal interest” as a requisite for the filing of a petition for suspension of execution of an administrative disposition and the scope of the “legal interest” protected by the statutes that are applicable and relevant to the disposition at issue [3] Meaning of “irreparable damage,” which is a requisite for the suspension of effectiveness of a disposition under Article 23(2) of the Administrative Litigation Act, and methods of determining whether “an urgent need exists to prevent a serious loss resulting from the execution of a disposition or the continuation of procedures” Purpose of stipulating that “there shall be no serious effect on public welfare” as a requisite for the suspension of execution under Article 23(3) of the Administrative Litigation Act and the method of determining the seriousness of the effect of an administrative disposition on public welfare [4] In a case where: (a) the Minister of Health and Welfare made an announcement on the expansion of the medical school admissions quota to 2,000 from the academic year 2025, followed by the Minister of Education’s acceptance of an application for raising enrollment quota from each president of universities that have medical schools, expansion of admissions quota for the academic year 2025 to 2,000, and allocation of quota for each university; and (b) students currently in medical schools filed a petition for suspension of the effect and execution of the Health Minister’s announcement of expansion of enrollment quota and the Education Minister’s allocation of increased seats, the case holding as follows: (a) the announcement of the Minister of Health and Welfare to raise medical school admissions quota is difficult to be considered as a disposition that can be subject to an appellate review and, therefore, a petition for suspension of the effect thereof is unlawful and should thus be dismissed; (b) although the petitioners currently in medical schools have a legal interest in seeking suspension of the execution of the part of the disposition of admissions quota expansion with respect to the medical school in which they are currently studying, a risk of serious impact on public welfare from the suspension of execution of a disposition to raise medical school enrollment quota far outweighs damages that might be incurred by the petitioners who are studying at medical schools from the execution of the disposition of an increase in medical school enrollment quotas; and (c) thus, the suspension of execution of the expansion of medical school admissions quota may not be admitted | |
