beta
(영문) 대전지방법원 2020.04.29 2018구합106110

경고및과태료처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff is a company running passenger transportation services.

B. On August 16, 2018, the Defendant imposed the first warning and the fine for negligence of KRW 5 million pursuant to Articles 12(1), 18(1), and 23(1) of the Act on the Development of Taxi Transportation Business (hereinafter “the Taxi Development Act”) on the ground that the Plaintiff transferred the oil to transport employees.

(2) The first warning part of this case’s warning disposition, and the above fine for negligence as to the imposition of the fine for negligence of this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s ground for recognition

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. We examine ex officio whether the instant lawsuit is lawful.

A. According to Article 20(1) and (2) of the Act on the Regulation of Violations of Violations of Public Order, a party dissatisfied with the imposition of the fine for negligence by an administrative agency may file an objection in writing with the relevant administrative agency within 60 days from the date on which he/she receives a notice of the imposition of the fine for negligence, and the written notice of the imposition of the fine for negligence in this case (No. 1-1-1) also states, “A person may file an objection in writing with the relevant administrative agency within 60 days from

Where an objection is filed, the imposition of the fine for negligence shall lose its effect.

In addition, according to Articles 21(1), 25, 36(1), and 38(1) of the same Act, the administrative agency in receipt of an objection shall notify the competent court of its opinion and documentary evidence within 14 days from the date of receipt of the objection, along with the opinion and documentary evidence, and the court in receipt of the notification shall decide on the fine for negligence by decision, and the parties and the public prosecutor may file an immediate appeal against the judgment on the fine for negligence

In addition, Article 5 of the same Act is to impose and collect fines for negligence.