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(영문) 부산고등법원 2014.10.17 2014누21509
자동차운전면허정지처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the lawsuit of this case is legitimate, the defendant shall make a defense before the merits that the lawsuit of this case, which did not go through an administrative appeal, is unlawful.

Pursuant to Article 18(1) of the Administrative Litigation Act, Article 18(1) of the Road Traffic Act, and Article 142 of the Road Traffic Act, a litigation seeking revocation of a disposition stated in the purport of the claim cannot be instituted without the adjudication of the administrative appeal against it. In cases where such a request for administrative appeal is illegal even with the expiration of the period, the litigation seeking revocation is also illegal because it does not meet the requirements, and the request for administrative appeal shall be filed within 90 days from the date when he becomes aware of a disposition

However, comprehensively taking account of the overall purport of the arguments as indicated in the evidence No. 4, around March 4, 2014, the Plaintiff was served with a notice of disposition of suspension of driver's license, stating that the Plaintiff may file an administrative appeal within 90 days from the date on which he/she became aware of an administrative disposition if he/she has an objection to the instant disposition, and the Plaintiff filed the instant lawsuit seeking cancellation of the instant disposition on March 10, 2014, and submitted the said notice as evidence No. 4, and the Plaintiff did not file an administrative appeal by the date on which the arguments are closed in the trial.

According to the above facts, the plaintiff received the above notice on the date of the lawsuit in this case and was aware of its contents at the latest, so the period of request for administrative appeal has already been set on the date of the closing of argument in the trial of the party which is obvious in calculating that 90 days have passed thereafter.

Therefore, the instant lawsuit is unlawful because it does not meet the requirements.

3. The decision of the court of first instance is inappropriate and thus, the lawsuit of this case is dismissed.

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