If an administrative agency, in accordance with the Administrative Execution Act, repeatedly imposes administrative fines against someone who violated the obligations to take or refrain from taking specific actions under Article 4 of the Act, but that person still refuses to perform his obligations, this still does not constitute the situation of not being able to enforce an indirect compulsory measure described in Article 11 of the Act, and therefore does not justify a direct compulsory measure.

       In this case, the letter described a situation where administrative fines were repeatedly imposed. This therefore does not constitute a situation of not being able to enforce an indirect measure as described in Article 11 of the Administrative Execution Act. If the person who has the obligations still refuses to perform his obligations, the administrative agency shall explain to this person and admonish him that administrative fines will be continuously imposed, so as to encourage him to perform. It is not permissible to apply the direct compulsory measures immediately.  

*Translated by David W. Su, Lee and Li Attorneys-at-Law.