1. The instant lawsuit shall be dismissed.

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

1. Articles 18(1) and 20(1) of the Administrative Litigation Act provide that “A revocation lawsuit shall be filed within 90 days from the date on which the person becomes aware of the disposition, etc., but in cases where other Acts provide that a revocation lawsuit may not be filed without going through an adjudication on an administrative appeal on the relevant disposition, the original copy of the written adjudication shall be counted from the date on which he/she is served.” Article 142 of the Road Traffic Act provides that “The administrative litigation on the relevant disposition as a disposition under this Act shall not be filed without going through an adjudication on an administrative appeal.”

According to this, an administrative litigation on the cancellation of driver's license can not be filed without the adjudication of the administrative appeal, and in such case, an administrative litigation should be filed within 90 days from the date of receiving the original copy of the written adjudication.

In the instant case, considering the overall purport of the pleadings in light of the records in the health department, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 10, the defendant received the original copy of the said written judgment at his domicile on July 17, 2014 on the ground that the plaintiff was driving even during the suspension period of his/her driver's license under Article 93 (1) 19 of the Road Traffic Act (hereinafter "the instant disposition"). The plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission on August 29, 2014. The Central Administrative Appeals Commission dismissed the ruling on September 30, 2014 and sent the original copy of the said written judgment by registered mail on the same day. The plaintiff's wife, like the plaintiff, received the original copy of the said written judgment at his/her domicile on October 10, 2014, and the plaintiff filed the instant lawsuit on February 1, 2015.

Therefore, the instant lawsuit is unlawful, which was filed after the lapse of 90 days from October 10, 2014 when the original copy of the written ruling was served.

2. Conclusion.