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(영문) 의정부지방법원 2017.02.07 2015구합1507

과태료처분취소

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 person who is residing in Gyeonggi-gun B (hereinafter “instant land”) while operating a pen.

B. On December 9, 2014, the Defendant: (a) received a report on the civil petition that domestic waste was buried in the instant land; (b) determined that the Plaintiff illegally reclaimed the domestic waste; and (c) issued a prior notice of disposition that the Plaintiff imposed an administrative fine pursuant to Articles 8 and 68 of the Wastes Control Act to the Plaintiff; and (d) imposed an administrative fine of KRW 700,000 on the Plaintiff on January 20, 2015

(hereinafter “Disposition of fine for negligence in this case”)

On the other hand, the notice of the payment of administrative fines sent by the defendant to the plaintiff on January 20, 2015 includes the information that the defendant may file an objection in accordance with the individual laws and regulations, and in the case of administrative fines, it may file an objection in writing within 60 days from the date of receiving the notice of the imposition of administrative fines under the Act on the Regulation

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, 3, Eul evidence 1 and 2, and the purport of the whole pleadings

2. We examine the lawfulness of the instant lawsuit ex officio.

Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order provide that a party who is dissatisfied with the imposition of an administrative fine may file an objection in writing with the relevant administrative agency within 60 days from the date on which he/she is notified of the imposition of the administrative fine; if an objection is filed, the imposition of the administrative fine shall lose its effect; if an objection is filed, the administrative agency in receipt of the objection shall notify the competent court thereof along with his/her opinion and documentary evidence within 14 days from the date on which he/she receives the objection; and the court in receipt of the notification shall decide on the administrative fine by decision

another.