행정처분 무효 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 9, 2016, the Defendant issued a notice to the Plaintiff to pay KRW 40,00 won of the penalty (hereinafter “instant notice disposition”) on the ground that “Around January 6, 2016, the Plaintiff driven a taxi for business use of Yusung-si and brought about a traffic accident (hereinafter “instant traffic accident”) to the left-hand side of the victim C, who dried the above road on the crosswalk of the Incheon Southern-gu, Incheon, at the seat of the Incheon terminal, brought about a traffic accident (hereinafter “instant traffic accident”).” on the ground that “Around January 6, 2016, the Plaintiff was driving a taxi for business use of Yusung-si and brought about a traffic accident (hereinafter “instant traffic accident”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. At the time of the Plaintiff’s assertion, the victim did not directly shock the taxi operated by the Plaintiff at the time of the instant traffic accident, and the instant traffic accident occurred due to the victim’s negligence not by negligence but by negligence crossing the road in violation of the pedestrian signal, and thus, the instant notification disposition taken on a different premise should be revoked illegally.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. On its own initiative, the determination of whether the instant lawsuit is lawful, and the disposition of notification by the chief of a police station under Article 163 of the Road Traffic Act is not an administrative disposition that is subject to administrative litigation, and thus, the lawsuit seeking the revocation of the disposition is unlawful. In a case where a person subject to the disposition of notification under the Road Traffic Act raises an objection against the disposition, the lawsuit seeking the revocation of the disposition is illegal, and it is only possible for the court to
(See Supreme Court Decision 95Nu4674 delivered on June 29, 1995). The Plaintiff’s lawsuit in this case is unlawful as it seeks revocation of a notification disposition by an administrative litigation.
3. As such, the instant lawsuit is unlawful and thus dismissed.