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(영문) 대법원 2016. 04. 28. 선고 2016다209672 판결

과태료 부과의 근거규정을 위헌으로 볼 수 있는지 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2014Na2034025 (No. 22, 2016)

Title

Whether the basic provisions on the imposition of fines for negligence can be considered as unconstitutional

Summary

The ground provisions for imposition of a fine for negligence cannot be deemed as unconstitutional, and the imposition of a fine for negligence on the plaintiff is legitimate on the ground that the plaintiff did not have any reason to deal with delayed issuance of cash receipts, although the plaintiff

Cases

2016Da209672 Undue gains

Plaintiff-Appellant

Park AA

Defendant-Appellee

Korea

Judgment of the lower court

Seoul High Court on January 22, 2016 2014Na2034025

Imposition of Judgment

April 28, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.