과태료부과처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion 1) The defendant is the managing body of the apartment complex, "the selection guidelines for housing management operators and business operators" (hereinafter "the selection guidelines in this case").
(2) On the ground that the Plaintiff’s selection of a business operator in violation of the method of tender, etc. violates Article 42(1) of the Housing Act, and made a pre-announcement of imposition of an administrative fine of KRW 3 million on May 30, 2014 and April 6, 2015. (2) Accordingly, the Plaintiff was subject to reduction of 20% from voluntary payment pursuant to Article 18 of the Act on the Regulation of Violations of Public Order around that time, and paid all the above administrative fines.
3. However, since the Seoul Administrative Court recently declared that the selection guidelines of this case were enacted without delegation of superior laws and regulations and that there is no legal nature, the imposition of the above administrative fine against the plaintiff should be revoked in all as illegal.
2. Determination
A. Article 5 of the Act on the Regulation of Violations of Public Order provides that "The method of appeal against the imposition of fines for negligence under the Housing Act does not conflict with the provisions of this Act among the provisions of other Acts concerning the procedures for the imposition, collection, trial, execution, etc. of fines for negligence shall be governed by this Act." Meanwhile, the Housing Act does not provide for the procedures for the imposition, collection, trial
Therefore, the Act on the Regulation of Violations of Public Order shall apply to the imposition of administrative fines by administrative agencies under the Housing Act.
However, Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine. In the event of an objection, the imposition of the administrative fine shall lose its effect, and the administrative agency in receipt of the objection shall notify the competent court of the objection along with its opinion and documentary evidence within 14 days from the date on which the objection is filed, and shall have jurisdiction in receipt of the notification.