사업정지처분 취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Where the effective period of the instant administrative disposition is determined on the lawfulness of the instant lawsuit, the validity of the said administrative disposition becomes null and void upon the lapse of that period. Thus, there is no legal interest in seeking cancellation or invalidation confirmation of the said disposition, barring any special circumstance to deem that any legal interest is infringed upon due to the remaining effects of the disposition after the lapse of that period. However, the record of the said administrative disposition is defined in the law as being treated at a disadvantage in the future, and thus becomes a requirement for statutory aggravation, and if a new punitive administrative disposition becomes effective upon the statutory aggravation requirements, the effective period of the prior administrative disposition has expired.
Even if there are special circumstances to deem that legal interests are infringed due to the remaining effects of the preceding administrative disposition.
(see, e.g., Supreme Court Decisions 2004Du14106, Mar. 25, 2005; 2014Du35492, Feb. 15, 2017). On July 19, 2017, the Defendant rendered a business suspension disposition for 30 days against the Plaintiffs regarding the period of each business suspension as “from August 4, 2017 to September 2, 2017” (see, e.g., Supreme Court Decision 2004Du14106, Mar. 25, 2005; 201; 201Du3699, Aug. 3, 2017); each of the dispositions in this case was suspended until May 23, 2018, which was declared as the date the first instance judgment was declared as the date on which the period of the business suspension has expired and its effect has expired again since the remaining period of the business suspension disposition became invalidated.
(2) Article 66(1)3 and (5) of the Automobile Management Act, which is the basis for each of the dispositions of this case, provides for the “Rules on the Standards and Procedures for Administrative Dispositions under Article 21(2) of the Automobile Management Act” (hereinafter referred to as the “Rules on the Administrative Dispositions of Motor Vehicle Management Act”).
Subparagraph 4 of attached Table 5.