A. The court shall decide the amount of the administrative fine at its discretion in consideration of all the circumstances within the scope of the relevant laws and regulations, and shall not explain the reasons for the decision.

B. The facts that do not constitute the reasons for the decision on a fine for negligence are not ex officio detection.

(a) In rendering a judgment on a fine for negligence, the court shall make a ruling with reasons attached under this Article, and the amount shall be determined by discretion within the limit of Acts and subordinate statutes, taking into consideration all the circumstances into consideration;

(b) Facts that do not constitute the reasons for the decision on a fine for negligence are not ex officio detection (see, e.g., Article 11(1) of the Act, 1141 of this title).

Article 277 of the Non-Contentious Case Litigation Procedure Act

Seoul High Court Decision 200Na14488 decided May 1, 200

Busan District Court Order 69Ra20 Dated June 18, 1969

The reappeal is dismissed.

The grounds of reappeal are examined by the re-appeal agent.

The court shall hear the statements of the parties in accordance with the provisions of Article 277 of the Procedure of Non-Contentious Cases Act, seek the opinion of the prosecutor, and make a decision with the reasons attached thereto. However, when the court determines the amount of the fine for negligence, it shall satisfy the amount by discretion, taking into account all the circumstances within the limit of the related Acts and subordinate statutes, and shall not explain the circumstances as the basis for setting the amount of the fine for negligence differently, and the facts other than the facts which must be stated in the decision of the fine for negligence are not necessarily to be discovered ex officio pursuant to Article 11 of the Procedure of Non-Contentious Cases Act. Thus, if the first instance court's opinion after hearing the statements of the parties in accordance with the procedure and written statement pursuant to Article 277 (2) of the Procedure of Non-Contentious Cases Act, and if the prosecutor's opinion is a decision with the following reasons, it does not constitute an error of law by misunderstanding the provisions of Article 277 (2) of the Enforcement Decree of the Civil Procedure Act or finding ex officio the grounds or finding ex officio.

Therefore, the reappeal is dismissed by the assent of all participating judges. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court