When the institution raising an objection is found to be in compliance with the period of time;

An objection against the imposition of road occupation fees in the Seoul Special Metropolitan City Mayor shall be filed with the Mayor of Seoul Special Metropolitan City. If an objection is filed with the head of the Gu in Seoul Special Metropolitan City, if the objection is submitted to the Mayor of Seoul Special Metropolitan City during the statutory filing period, it is effective to raise an objection, but if such a procedure is not taken, such effect may not occur, and if such procedure is not taken, it shall not be deemed to have arrived at the legitimate institution, and it shall not be determined on the first receipt date of the lawsuit in accordance with Article 3 (3) of the

Article 16 of the Enforcement Rule of the Seoul Metropolitan Government Ordinance on the Collection of Road Occupancy and Use Fees, and Article 3 (3) of the Nowon Act

Supreme Court Decision 78Nu430 Decided February 13, 1979, Supreme Court Decision 80Nu518 Decided December 23, 1980

Oil Tourism Co., Ltd., Counsel for the defendant-appellant

Attorney Kim Jong-young, Counsel for the defendant-appellant

Seoul High Court Decision 78Gu46 delivered on September 24, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

Article 43 and Article 35 (2) of the Road Act provides that the municipal ordinance of the local government to which the road management authority belongs shall be established. According to the records, the local government belonging to the road management authority of this case may raise an objection against the imposition of fees for occupation and use within 30 days from the date of receipt of the notice of payment of fees for occupation and use, and if the above date expires, the person entitled to collect fees for use and use of the road of this case and its processing agency shall not raise an objection. Thus, according to the court below's determination, the defendant shall raise an objection to the head of the Dong-gu Office who is not the disposition authority of this case and received the notice of the imposition of fees for use and use of the road of this case and received the notice of the first 30 days from January 7, 1978 and received the notice of the above dismissal from the agency of this case, and thus, the court below's determination that the plaintiff's first 20 days of filing the objection shall not be deemed legitimate if it were so presented to the agency of this case.

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 Justices on the bench.

Justices Kang Young-young (Presiding Justice)