When a person who has obtained permission for public bath uses water with a private room, he/she shall be punished by a fine for negligence, the application of the maximum legal limit and deviation from discretion.

If the Plaintiff obtained permission for public bath (water pool) among the classification table for each kind of water supply as prescribed by the Seoul Special Metropolitan City Ordinance on Water Supply, but used water with a massage treatment room equipped with a different kind of bathing facilities corresponding to the higher rate among the above classification table, it constitutes a person who uses water supply for the original purpose contrary to the original designated water supply type, in addition to avoiding the collection of the fee by unlawful means, and thus constitutes a ground for imposition of a fine for negligence. However, the above facilities are limited to the users, and the facilities are small scale and are very small, and the water level is merely only 21 through 23 percent of the total water level of the Plaintiff’s hotel, if the Defendant (the head of Jung-gu Seoul Special Metropolitan City) considers the Plaintiff as Class 4 of the total water level including the Class 1 water level for the Plaintiff, and imposes the fine for negligence at all without considering the above circumstances, the imposition of the fine for negligence at least based on the statutory limit is an unlawful determination of the scope of discretionary authority.

Articles 34(1), 34(2), and 32(1)8 of the Seoul Metropolitan Government Water Supply Ordinance; Article 1 of the Administrative Litigation Act

Along with a corporation

Attorney Jung-gu, Seoul Metropolitan Government

Seoul High Court Decision 82Gu703 delivered on June 20, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

According to the reasoning of the judgment below, Article 34 (1) of the Seoul Special Metropolitan City Ordinance on the Imposition of Administrative Fines by fraud or other improper means may be imposed on a person who is exempted from the collection of administrative fines not exceeding five times the amount exempted from the collection. Paragraph (2) of the same Article provides that a person who commits fraud or other improper acts may be punished by an administrative fine not exceeding 50,00 won for the purpose of escaping charges or fees, and Paragraph (1) 8 of Article 32 provides that a person who uses water supply for the purpose of violating the original type of water supply and its own rules is not entitled to an administrative fine not exceeding 50,000 won for the first five kinds of administrative fines not exceeding 70,000 won for the first five kinds of administrative fines for negligence for the first five kinds of fines for negligence for negligence for the first time and the fourth category of fines for negligence for negligence for the first time for the imposition of an administrative fine not exceeding 9,000 won for the first five kinds of fine for negligence for negligence for the first time for the first time.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jong-woo (Presiding Justice)