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(영문) 서울행정법원 2015.12.03 2015구합10049

운수사업법위반과태료부과처분취소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

We examine the legitimacy of the lawsuit.

On April 24, 2014, the Defendant imposed an administrative fine of KRW 5 million on the Plaintiff on the ground that the Plaintiff failed to return the registration certificate and the registration number plate (hereinafter “instant violation”) despite his/her revocation of his/her license for his/her own taxi transport business (vehicle Number B) due to Articles 89(1) and 94(2)16 of the Passenger Transport Service Act and Article 49 [Attachment Table 6] subparagraph 2(k) of the Enforcement Decree of the same Act.

(B) No. 11-13). The Plaintiff seeks revocation of the disposition imposing the fine for negligence by the instant lawsuit.

The violation of this case constitutes a violation of public order under Article 2 subparagraph 1 of the Act on the Regulation of Violations of Public Order, which imposes an administrative fine by violating the duty of law.

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 fine for negligence. In the event of an objection, the imposition of the fine for negligence shall lose its effect, and in the case of an objection, the administrative agency in receipt of the objection shall notify the competent court along with its opinion and documentary evidence within 14 days from the date on which the objection is filed, and the court in receipt of the notification shall render a judgment of the fine for negligence with the reason attached, and the public prosecutor shall be allowed to file an immediate appeal against the judgment of the administrative fine, and Article 5 of the same Act provides that "any violation of the provisions of this Act in other Acts concerning the procedures for the imposition, collection, trial, execution

In full view of the above provisions, the imposition of fines for negligence on the violation of this case and the propriety thereof should be determined by the procedure under the Act on the Regulation of Violations of Public Order.