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(영문) 대구지방법원 2016.12.09 2016구합1778
과태료처분무효
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Defendant: (a) deemed that the Plaintiff violated Article 8(1) of the Groundwater Act due to the Plaintiff’s failure to report the groundwater facilities within Yeongdeungpo-si, which was developed and utilized in around 2002; and (b) imposed an administrative fine of KRW 2 million on the Plaintiff on September 5, 2016 following the prior notification procedure.

2. The imposition of an administrative fine is null and void, inasmuch as the Plaintiff had never known the fact that the head of the village to which the Plaintiff asserted was affiliated did not publicize the period for filing a voluntary report on illegal groundwater.

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

Article 5 of the Act on the Regulation of Violations of Public Order provides that "any violation of this Act among the provisions of other Acts concerning the procedures for the imposition, collection, trial, and execution of fines for negligence shall be governed by this Act", while the Groundwater Act, which serves as the basis for the imposition of fines for negligence in this case, does not have a separate provision concerning the procedures for the imposition

Therefore, the Act on the Regulation of Violations of Public Order applies to the imposition of fines imposed by the defendant.

However, Articles 20(1) and (2), 21(1), 25, 36(1), and 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. If an objection is filed, the imposition of the administrative fine shall lose its effect, and if an objection is filed, the administrative agency in receipt of the objection shall notify the competent court along with its opinion and documentary evidence within 14 days from the date on which the objection is filed, and the competent court in receipt of the notification shall decide the administrative fine by decision stating the reasons therefor, and the parties and the public prosecutor shall file an immediate appeal against

. The above.

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