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(영문) 대법원 2017.03.09 2016두60577
이행강제금부과처분취소
Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. Article 80(3) of the former Building Act (amended by Act No. 13471, Aug. 11, 2015) provides that “Where a person with the authority to grant permission imposes a non-performance penalty under paragraph (1), he/she shall do so in writing by specifying the amount, reason for imposition, payment deadline, receiving agency, method of raising an objection, institution raising an objection, etc.” The main text of Article 14(1) of the Administrative Procedures Act provides that “Service shall be made by means of mail, delivery, information and communications network, etc., and shall be the address, residence, place of business, office, or e-mail address of the person receiving the service (including the representative or agent; hereinafter the same shall apply).” The main text of Article 20(1) of the Administrative Litigation Act provides that “a revocation lawsuit shall be filed within 9

2. The arrival as a requirement for taking effect of an administrative disposition is sufficient until the other party to the disposition actually becomes aware of the details of the written disposition and the other party to the disposition is placed in a state recognizable by him/her, and when the written disposition is delivered to his/her domicile on resident registration and the other party to the disposition or the person entrusted with the authority to receive postal items receives it, it is deemed that the other party to the disposition becomes aware

(See Supreme Court Decision 88Nu940 Decided January 31, 1989. In addition, “the date on which a person becomes aware of the existence of a disposition, etc.,” which is the starting point of the filing period of a lawsuit as prescribed by Article 20(1) of the Administrative Litigation Act, refers to the date on which he/she becomes aware of the existence of the relevant disposition, etc. by means of notification, public announcement, and other methods. As such, when he/she became aware of the existence of an administrative disposition by notifying the other party of the administrative disposition and aware of such fact, the filing period as prescribed by Article 20(1) of the Administrative Litigation Act shall be deemed to run (see, e.g., Supreme Court Decision 2014Du8254, Sept. 25,

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