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(영문) 대구지방법원 2016.09.30 2015구합2392
이행강제금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 5,00,000 on September 24, 2015 against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On July 29, 2015, the Plaintiff installed a horizontal signboard of size 20 meters in width and 1.8 meters in vertical length (hereinafter “instant signboard”) on the upper right corner of the front structure of the Daegu Suwon-gu Building A (hereinafter “instant building”) (hereinafter “instant structure”) as follows.

B. On July 30, 2015, the Defendant: (a) notified the Plaintiff on the installation of the instant signboard and imposed charges for compelling compliance; (b) on July 30, 2015, the Defendant: (c) notified the Plaintiff that “A person who intends to display or install an advertisement, etc. in an urban area, etc. in accordance with the former Outdoor Advertisements, etc. Control Act (amended by Act No. 13726, Jan. 6, 2016; hereinafter “Outdoor Advertisements Act”); (d) installed the outdoor advertisement in an unlawful manner without complying with the relevant regulations in the Plaintiff’s case; and (e) installed the outdoor advertisement by August 14, 2015.”

2) On August 18, 2015, the Defendant issued a written notice to voluntarily remove the instant signboard by August 28, 2015 (hereinafter “instant second written notice”) on the same grounds as the first written notice, as the Plaintiff did not voluntarily remove the instant signboard by the deadline specified in the instant written notice.

3) On September 8, 2015, the Defendant notified the Plaintiff of the submission of its opinion or objection by September 23, 2015, along with the prior notice on imposition of a non-performance penalty following the non-violation of the violation. 4) The Plaintiff filed an objection regarding the prior notice on the imposition of a non-performance penalty on September 22, 2015, but the Defendant, on September 24, 2015, did not correspond to “the wall page” where street signboards can be installed pursuant to the Outdoor Advertisement Act, so the instant signboard attached thereto does not constitute an illegal advertisement, and at the same time, the Plaintiff was subject to a disposition not to file the objection on the ground that it is an illegal advertisement, and at the same time imposing five million won for the enforcement fine on the Plaintiff on the same day.

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