1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

The instant lawsuit is a content that seeks the Defendant to cancel the disposition of notice on penalty and to delete the records on the management of the accident related to the penalty.

First of all, a person in receipt of a disposition of notification by the chief of a police station may choose not to pay the penalty pursuant to the disposition of notification if he/she has an objection to the disposition of notification, and in such case, he/she may undergo the trial by filing

In other words, the notice of penalty by the chief of a police station can not be subject to a revocation suit because the Road Traffic Act Article 165 (1) 2 provides the form of a special lawsuit for the relief of rights.

(See Supreme Court Decision 95Nu4674 delivered on June 29, 1995). In addition, the part of the lawsuit in this case seeking deletion of records is not specified as subject to the recording to be cancelled or deleted, and it is so-called performance lawsuit which does not fall under the category of administrative litigation as provided in Article 3 of the Administrative Litigation Act, and is not allowed as it is a form of administrative litigation other than the type provided in Article 3 of the Administrative Litigation Act.

(See Supreme Court Decision 2001Da15828, Feb. 13, 2004, etc.). Therefore, the instant lawsuit is unlawful as it concerns an object for which administrative litigation is not allowed, and thus, it is dismissed.