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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 3, 2012, the Defendant issued a notice of payment of KRW 50,00 won to the Plaintiff pursuant to Article 1 subparag. 24 and Article 6 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012; hereinafter the same) on the ground that the Plaintiff, in the Incheon Gyeyang-gu “C Syna” located in Gyeyang-gu Incheon, caused apprehensions at public places, such as revealing letters, etc.
[Ground of recognition] Facts without dispute, Gap 4's entry, purport of the whole pleadings
2. As to the Plaintiff’s lawsuit of this case seeking revocation of the Defendant’s disposition imposing a penalty on the Defendant’s defense prior to the merits, the Defendant’s disposition of notice by the chief of the police station is not an administrative disposition subject to administrative litigation, and even if an administrative disposition is taken, it is unlawful to have been filed with the lapse of the period of filing a lawsuit as prescribed by
The notification disposition by the chief of police station under Article 6 of the former Punishment of Minor Offenses Act is not an administrative disposition subject to administrative litigation, and the lawsuit seeking the revocation of such disposition is illegal.
If a person subject to a disposition of notification under the former Punishment of Minor Offenses Act has an objection against such disposition, the failure to pay the penalty in accordance with the disposition of notification would make it possible for the court to be tried by the request for summary judgment by the chief of police station under Article 9(1) of the Punishment of Minor Offenses Act.
(See Supreme Court Decision 95Nu4674 delivered on June 29, 1995). Therefore, the Defendant’s defense prior to the merits is well-grounded without having to examine the period for filing a lawsuit.
3. In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.