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(영문) 서울행정법원 2017.04.14 2017구합701
질서위반행위규제법에 의한 과태료처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 1, 2016, the Defendant sent to the Plaintiff a prior notice of the administrative fine disposition as follows.

- Date and time of violation: 12:58 on October 17, 2016 - A parking lot exclusively for persons with disabilities in Seodaemun-gu Seoul Metropolitan Government - A parking lot for persons with disabilities in building - The act of interference with parking in a parking zone exclusively for persons with disabilities: Legal basis and provisions: Article 27 of the Act on Guarantee of Promotion of Convenience of Persons with Disabilities, the Aged, Pregnant Women, Etc. (hereinafter referred to as “The Act on Convenience for Persons with Disabilities, Etc.”) and Article 13 of the Enforcement Decree of the same Act - The amount of fines for negligence to be imposed: 500,000 won: 40,000 won - The submission of opinions and the period of voluntary payment: November 16, 2016.

B. On November 15, 2016, the Plaintiff voluntarily paid an administrative fine of KRW 400,000 to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. "Violation of public order" under Article 2 subparagraph 1 of the Act on the Regulation of Violations of Public Order on this Safety Defense means an act of imposing a fine for negligence in violation of the duty of law, and Article 17 (5) of the Disabled Persons, etc. Convenience Act provides that no person shall interfere with parking, such as piling up goods in parking spaces exclusively for the disabled or blocking the passage thereof. Article 27 (2) of the same Act provides that a fine for negligence not exceeding one million won shall be imposed on a person who has interfered with parking in violation of Article 17 (5) of the same Act. The act of interference with parking prohibited pursuant to Article 17 (5) of the Act on the Regulation of Violations of Public Order for the Disabled Persons, etc.

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, and there is an objection.

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