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(영문) 제주지방법원 2016.09.07 2016구합5284
과태료부과처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of A 25.5t dump trucks (hereinafter “instant construction machinery”) who are private construction machinery.

B. The Defendant imposed each fine for negligence on the Plaintiff on each of the grounds for imposition indicated on the same list on the date of imposition as indicated in the separate list according to Articles 22, 25-3, and 44 of the Construction Machinery Management Act, and Article 19 of the Enforcement Decree of the same Act.

(hereinafter referred to as "each of the dispositions of this case"). [Grounds for recognition] / [In the absence of dispute, each of Gap evidence Nos. 1 through 2, and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s assertion merely entered into a transportation contract with the Korea-China Industry Co., Ltd. (hereinafter “Korea-China Industry”) on January 5, 2013 according to the business purpose, which is cargo transport business, and transported sand and aggregate owned by the Korea-China Industry with the instant construction machinery under the said transportation contract, and did not lease the instant construction machinery to the Korea-China Industry.

Therefore, each disposition of fine for negligence in this case should be revoked because it is improper.

(b) The details of the relevant statutes are as shown in the attached statutes.

3. We examine the legitimacy of the instant lawsuit ex officio.

Article 20(1) and (2), Article 21(1), Article 25, Article 36(1), and Article 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 become void, and the administrative agency in receipt of the objection shall file an objection within 14 days from the date on which the objection is filed.

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