(영문) 서울고등법원 2012. 8. 16. 선고 2012누6454 판결[과징금부과처분취소][미간행]
Plaintiff (Attorney Lee Jae-soo, Counsel for the plaintiff-appellant)
The head of Seocho-gu Seoul Metropolitan Government (Attorney Lee Jae-chul, Counsel for defendant-appellant)
Seoul Administrative Court Decision 2011Guhap23863 Decided February 2, 2012
June 28, 2012
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
The Defendant’s imposition of penalty surcharge of KRW 44,80,000 against the Plaintiff on April 25, 2011 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Acknowledgement of the first instance judgment
This court's reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, citing this case in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Conclusion
The first instance judgment is justifiable, and the defendant's appeal is dismissed.
Judges Cho Jae-ho (Presiding Judge)