자동차운전면허취소처분취소
1. The Defendant’s revocation of the license granted to the Plaintiff on April 25, 2016 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On April 25, 2016, the Defendant issued a conditional disposition on July 6, 2016 on the Plaintiff’s driver’s license on the ground that the Plaintiff did not undergo an aptitude test within the scheduled period (hereinafter “instant disposition”).
B. The Defendant sent the notice of decision on the instant disposition to “Insan-gun B, the domicile of the Plaintiff on the Plaintiff’s car driving license registry,” and the said notice was not delivered on May 20, 2016 due to the address unknown.
C. Accordingly, pursuant to Articles 93(1), 93(3), and 94 of the Enforcement Rule of the Road Traffic Act, the Defendant publicly announced the instant disposition on the Defendant’s bulletin board and website from May 24, 2016 to June 6, 2016.
The Plaintiff filed an administrative appeal against the instant disposition on December 21, 2016, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on February 14, 2016.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. Defendant’s assertion 1) The instant disposition took effect on June 7, 2016 following the end of the period of the Defendant’s announcement, and a request for administrative appeal filed on December 21, 2016, which had passed 180 days from that time, is unlawful as a result of the lapse of that period. Moreover, the revocation lawsuit does not have been complied with on the ground that the instant revocation lawsuit was filed within 90 days from the date when the written adjudication was served on an illegal administrative appeal after a ruling was rendered on the said administrative appeal. Therefore, the instant lawsuit is unlawful as the period of filing the instant disposition was over. (2) The Plaintiff acquired a driver’s license again after the revocation of the instant driver’s license, and thus, there is no benefit in the instant lawsuit.
B. 1) Determination 1) The "date of a disposition" under Article 27(3) of the Administrative Appeals Act is the general declaration of intention in the case of an administrative disposition against which the other party exists, unless otherwise provided.