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(영문) 수원지방법원 2016.04.07 2015구합66593
불법광고물 시정명령 처분 등 취소
Text

1. Of the instant lawsuit, the part concerning the claim for revocation of the restriction on imposition of charges for compelling compliance filed on June 11, 2015 shall be dismissed.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s outdoor advertisement installation 1) is a company running the business of manufacturing, installing, managing, and publicizing outdoor advertisements. 2) The Plaintiff installed each outdoor advertisement (hereinafter “each of the instant advertisements”) according to the said permission with the permission of displaying outdoor advertisements, etc., which are permitted by the Defendant on January 11, 2007, between January 10, 2007 and December 15, 2006, with the permission of displaying each of the instant advertisements (hereinafter “each of the instant advertisements”).

B. The Defendant’s disposition, etc. 1) ordered the Plaintiff to correct each of the instant advertisements on March 17, 2015 as it was illegal advertisements for which the permission period has expired in violation of Article 3 of the Outdoor Advertisements, etc. Control Act, and the Plaintiff failed to comply with such order. The Defendant urged the Plaintiff to repeatedly issue the said corrective order on April 15, 2015 and May 7, 2015. On June 11, 2015, the said corrective order was scheduled to impose KRW 5,00,000 for the enforcement fine if it was not implemented by June 30, 2015 (hereinafter “instant corrective order”).

(2) On June 19, 2015, each of the instant advertisements was ordered to voluntarily remove until July 20, 2015, and the Plaintiff did not comply with the above corrective order and removal order under the Administrative Vicarious Execution Act. (2) Nevertheless, the Defendant imposed upon the Plaintiff the enforcement fine of KRW 5,00,000 on July 2, 2015, and ordered the Plaintiff to voluntarily remove each of the instant advertisements until July 29, 2015, and to perform vicarious execution in accordance with the Administrative Vicarious Execution Act if the respective advertisements were not removed within the above period.

3. Nevertheless, the Plaintiff failed to comply with the above removal order, and the Defendant sent a warrant of vicarious administrative execution to the Plaintiff on August 17, 2015, stating that he/she shall notify the Plaintiff of the vicarious execution after September 2, 2015.

(c)the proceedings of an administrative appeal;

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