Reviews on the Alteration to the Indirect Compulsory Performance at the Time of the Judgment on the Merits : Focusing on Changes in Circumstances

Article 191(1) of the Civil Execution Regulation states that a change in circumstances permits alterations to indirect compulsory performance. The Supreme Court has authorized indirect compulsory performance at the time of the judgment on the merits (hereinafter referred to as “Indirect Compulsory Performance”). This paper explores whether Indirect Compulsory Performance can be modified when circumstances change after the judgment. Altering the final Indirect Compulsory Performance contradicts its res judicata effect, and the Civil Execution Regulation cannot be directly applied to make such alterations. However, the Civil Procedure Act permits lawsuits to alter judgments ordering periodic payments if circumstances change (hereinafter referred to as “Lawsuit for Alteration Judgment”). If Indirect Compulsory Performance involves periodic payments and the underlying circumstances change, modification through the Lawsuit for Alteration Judgment is possible. Conversely, if Indirect Compulsory Performance involves lump-sum payments or the circumstances affecting the performance period have changed, Lawsuit for Alteration Judgment cannot be applied. While the Lawsuit for Alteration Judgment may provide a limited means for modification, it is unlikely to become the principal method. Therefore, amending the Civil Execution Act is necessary to facilitate the alteration of Indirect Compulsory Performance when changes in circumstances arise after the judgment.