假處分의 執行과 그 取消 = Execution and Cancellation of the Temporary Restraining Orders

다국어 초록 (Multilingual Abstract)

The Korean Law of Civil Execution has only several provisions on temporary restraining orders from art. 300 to art. 312. That means a large part of ordering procedures and execution of that order being left to the discretion of judges. From the point of execution almost all procedures are following the provisions of arrests of same law.
But you must pay attention to the point that the temporary restraining orders are divided into two parts: one being on the object of disputes(sec. 1 of art. 300), the other for a temporary standing(sec.2 of same article). The former is similar with the arrest which is to preserve objects of compulsory execution but the latter is not a pure preservative measure. It has purpose of protection of rights from irrecoverable disturbance. The execution of that orders must be differentiated by their purposes.
Furthermore, the temporary restraining order shall be stayed or cancelled in case its effects lost lawfulness. The causes of cancellation by the law of civil execution are as follows: a decision of revocation of temporary restraining order; a decision of revocation of execution of temporary restraining order; a deposition of liberation money of restraining orders(but precedents are against to the point); a withdrawal of application of temporary restraining order; and creditor's application for cancellation of execution. The execution body must take cancellation procedures by obligator's application with lawful reason. It should be understood that provisions are insufficient to the various scope of the temporary restraining orders and their executions.

참고문헌 (Reference)

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