1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On January 9, 2016, the Defendant notified the Plaintiff of the payment of a penalty of KRW 40,00 won on the ground that “Around January 16, 2016, the Plaintiff driven a business taxi in B, and was driving the 233 March 6, 2016, the Southern-gu Incheon Southern-ro, the front road of the Samnam apartment, which was a riding distance away from the surface of the Incheon terminal (hereinafter “instant traffic accident”) caused a traffic accident that shocks on the left side of the victim C who dried the above crosswalk.”

[Ground of recognition] Facts without dispute, Gap 1's entry, purport of the whole pleadings

2. With respect to the instant lawsuit seeking confirmation of invalidity of an administrative disposition that the Defendant recognized the Plaintiff as the perpetrator of the instant traffic accident, the Defendant’s recognition of the Plaintiff as the perpetrator of the instant traffic accident is not an administrative disposition subject to administrative litigation, and thus, the instant lawsuit is unlawful, and thus, is examined.

Administrative dispositions subject to an administrative litigation seeking confirmation of invalidation shall be law enforcement related to specific facts conducted by an administrative agency as the subject of public authority, which directly affects the rights and duties of the people.

The Defendant’s act of recognizing the Plaintiff as the perpetrator of the instant traffic accident is an internal act of the administrative agency prior to the disposition of notice, and does not constitute an administrative disposition subject to administrative litigation, since it does not directly affect the Plaintiff’s rights

The plaintiff can only be tried by the court on whether the plaintiff is the perpetrator of the traffic accident of this case upon a request for summary trial by the chief of police station under Article 165 (1) of the Road Traffic Act by failing to pay the penalty in accordance with the disposition of notice of penalty.

(See Supreme Court Decision 95Nu4674 delivered on June 29, 1995). Accordingly, the defendant's defense prior to the merits is justified.

3. As such, the instant lawsuit is unlawful and dismissed.