과태료부과처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion 1) The defendant is the managing body of the apartment complex, "the selection guidelines for housing management operators and business operators" (hereinafter "the selection guidelines in this case").
(2) On November 29, 2016, the Defendant notified the Plaintiff that an administrative fine of KRW 3 million should be paid according to the result of the said judgment (hereinafter “instant notification”) on the ground that the Plaintiff violated Article 42(1) of the Housing Act by selecting a business entity in violation of a negotiated contract method, etc.
3. However, since the Seoul Administrative Court recently declared that the selection guidelines of this case were enacted without delegation of superior laws and regulations, the imposition of fines for negligence against the plaintiff is illegal and therefore the notification of this case must be revoked as an illegal administrative disposition.
2. Determination
A. Article 5 of the Act on the Regulation of Violations of Public Order provides that "The method of appeal against the imposition of fines for negligence under the Housing Act does not conflict with the provisions of this Act among the provisions of other Acts concerning the procedures for the imposition, collection, trial, execution, etc. of fines for negligence shall be governed by this Act." Meanwhile, the Housing Act does not provide for the procedures for the imposition, collection, trial
Therefore, the Act on the Regulation of Violations of Public Order shall apply to the imposition of administrative fines by administrative agencies under the Housing Act.
However, Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine, and if an objection is filed, the imposition of the administrative fine shall be effective.