Method of appeal against the imposition of a fine by the head of a local government on water supply charges;

If a person is dissatisfied with the disposition of imposition of a fine for negligence on water supply charges, etc. by integrating the provisions of Article 130 and Article 7 of the Local Autonomy Act Article 17 of the Water Supply and Waterworks Installation Act, he/she shall file an objection with the head of the local government, and if the head of the local government is notified of the decision on the objection, if it is not required to bring an action again, he/she shall file a lawsuit within one month after

[Defendant-Appellee] Defendant 1 et al., Counsel for defendant-appellee

Attorney Kim Jong-young, Counsel for the defendant-appellant in Seoul Special Metropolitan City

Seoul High Court Decision 75Gu57 delivered on July 23, 1975

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the Plaintiff’s agent’s grounds of appeal.

The provisions of Articles 130 and 7 of the Local Autonomy Act, Article 17 of the Water Supply and Waterworks Installation Act, and Article 43 of the Seoul Metropolitan Government Water Supply Ordinance are integrated, and the defendant shall raise an objection against the same administrative fine in this case, and if the defendant is notified of the decision on the objection, if the defendant does not bring an action again, he shall file a lawsuit within one month from the date he is notified of the decision not to bring an action. In other words, it is reasonable to view that an objection against the head of Seoul Metropolitan Government under Article 130 of the Local Land Provision Act and Article 43 of the Seoul Metropolitan Government Water Supply and Waterworks Ordinance constitutes a source as provided in Article 2 of the Administrative Litigation Act (see Supreme Court Decision 63Nu167, May 19, 1964). However, it is the independent opinion of the appellant.

The court below did not err in the misunderstanding of legal principles as to the source of lawsuit. Accordingly, the appeal is dismissed, and the costs of appeal are assessed against the losing party. This decision is delivered with the assent of all participating judges.

Justices Yang Byung-ho (Presiding Justice)