Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Administrative Vicarious Execution Act and matters necessary for the enforcement thereof.
Article 2(Prior Warnings, etc.) #
The forms of a prior warning and a vicarious execution writ referred to in Article 3 of the Administrative Vicarious Execution Act (hereinafter referred to as the “Act”) shall be as shown in attached Form 1 and Form 2, respectively.
Article 3(Certificate of Person Responsible for Execution) #
The form of the certificate of a person responsible for execution as provided in Article 4 of the Act shall be as shown in attached Form 3.
Article 4(Order of Payment of Expenses) #
The form of an order of payment of expenses as provided in Article 5 of the Act shall be as shown in attached Form 4.
Article 5(Service of Documents) #
(1) Documents related to vicarious administrative execution shall be served, as prescribed by the Administrative Procedures Act and, in principle, by delivery: Provided, That if any document cannot be served by delivery, it may be served by registered mail or through the information and communications network.
(2) When a document is served under the main sentence of paragraph (1), the recipient shall be required to write his/her signature or seal on a certificate of personal service prepared in attached Form 5.
(3) In cases under paragraph (2), if any recipient refuses to write his/her signature or seal or to be served a document without any just cause, such fact shall be stated on the certificate of personal service and the relevant document may be left at the place to which the document is to be delivered.
(4) Article 14 (4) of the Administrative Procedures Act shall apply if it is unable to serve documents as prescribed in paragraph (1) or (2).
Article 6(Reporting on Current Status of Administrative Vicarious Execution) #
The heads of the government agencies of carrying out administrative vicarious execution shall report the status of vicarious execution of each month to the higher authorities in attached Form 7 by the fifth day of the following month.
Article 7(Matters to be Observed in Carrying out Vicarious Execution) #
When carrying out administrative vicarious execution, the head of an agency of carrying out administrative vicarious execution shall prudently determine whether the vicarious execution is appropriate, and the person responsible for the execution shall endeavor to minimize property losses and expenses incurred to the person responsible for performance and transfer without delay any articles which shall belong to the possession of such person.