자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the statements in the evidence Nos. 1 through 12, the fact that the Defendant issued the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number : B) as of November 4, 2014 by applying Article 93(1)11 of the Road Traffic Act to the Plaintiff on October 6, 2014 on the ground that “the Plaintiff committed a criminal act by using a motor vehicle on September 24, 2014.”
2. Whether the lawsuit of this case is lawful
A. The defendant asserts that the lawsuit of this case is unlawful as it was filed after the lapse of the period for filing the lawsuit.
(b) A litigation seeking cancellation of a disposition, etc. by an administrative agency shall be instituted within 90 days from the date on which the relevant disposition is known, and where it has undergone an administrative appeal, etc., the litigation shall be instituted within 90 days from the date on which the authentic copy of a written adjudication
(1) Article 20(1) of the Administrative Litigation Act provides that “The Plaintiff shall file the instant lawsuit on July 14, 2015 with the 90-day Do, even if the original written adjudication on the instant disposition was served on January 21, 2015.” However, according to Article 20(1)10 of the Administrative Litigation Act, it is apparent that the Plaintiff filed the instant lawsuit on July 14, 2015, with the Do, and thus, is unlawful
3. The conclusion is that the lawsuit of this case is dismissed, and it is so decided as per Disposition.