과태료 처분에 대한 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 2019, the gist of the Plaintiff’s assertion: (a) the Defendant imposed an administrative fine of KRW 1 million on the Plaintiff on the ground that “the Plaintiff, a housing rental business operator, was not reported after transferring the private rental house to a person, other than a housing rental business operator, even during the mandatory rental period,” on the ground that it was based on a special Act on Private Rental Housing amended on October 24, 2019, and there is no provision that the special Act on Private Rental Housing, which was in force around 2017, serves as the basis for the imposition of administrative fines.
This is a violation of Article 3 (1) of the Regulation of Violations of Public Order.
Therefore, the above disposition by the defendant is illegal because it does not comply with the law and is against Article 6 of the Regulation of Violations of Public Order
2. The instant lawsuit is unlawful on the following grounds, even if the Defendant imposed a fine for negligence on the Plaintiff on October 2019, ex officio whether the instant lawsuit was lawful.
According to the Act on the Regulation of Violations of Public Order, 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 (Article 20(1)); if an objection is filed, the imposition of the administrative fine shall lose its effect (Article 20(2)); if an objection is filed, the administrative agency in receipt of the objection shall notify the competent court thereof within 14 days from the date on which he/she receives the objection, along with his/her opinion and documentary evidence (Article 21(1)1), and the court in receipt of the notification shall render a decision on the administrative fine (Article 36(
(Article 38(1) also conflicts with the regulations on the Regulation of Violations of Public Order among the provisions of other Acts concerning the procedures for the imposition, collection, trial, and enforcement of fines for negligence.