logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.10.16 2020구합583
과태료부과처분취소
Text

The instant lawsuit is dismissed.

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

Reasons

1. The following facts of the disposition may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2.

The plaintiff is the director of the C Center located in Bupyeong-gu Incheon Metropolitan City.

Upon receipt of the report of abuse related to the above center, the Defendant visited the above center on May 10, 2019 and investigated.

B. On July 17, 2019, the Defendant issued a prior notice of imposition of a fine for negligence (hereinafter “prior notice of this case”) with the purport of submitting an opinion by August 7, 2019, on the ground that the Plaintiff did not report to an institution for protection of rights and interests or an investigation agency with knowledge of the abuse of persons with disabilities in the course of performing his/her duties and did not report it to the institution for protection of rights and interests, based on Articles 59-4(2) and 90(3)3-4 of the Welfare of Disabled Persons Act.

C. On July 27, 2019, the Plaintiff voluntarily paid KRW 1,600,000, which applied the mitigation rate of 20%, which is within the deadline for submitting opinions, and filed an administrative appeal seeking revocation of the advance notice with the Incheon Metropolitan City Administrative Appeals Commission on November 8, 2019, but the Incheon Metropolitan City Administrative Appeals Commission dismissed the said claim on December 23, 2019.

2. Whether the lawsuit of this case is lawful

A. The Plaintiff asserted that the prior notice of this case is unfair since it cannot be deemed that the C Center did not know of the abuse of persons with disabilities by reason of the occurrence of abuse of persons with disabilities by the C Center.

B. Attached statutes are as shown in the relevant statutes.

C. The term "administrative disposition", which is the object of an appeal litigation 1, means an act of an administrative agency under public law, which causes direct changes in the specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects with regard to a specific matter, and is directly in the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and de facto notification within

arrow