Whether a violation of the Building Act is subject to a charge for compelling compliance under Article 69-2 of the Building Act if the violation is corrected after the fact (negative)

[1] Article 69-2 of the Building Act

[1] Supreme Court Order 90Ma699 dated October 20, 1990 (Gong1990, 2376)

Re-appellant

Seoul Central District Court Order 2005Ra474 dated May 4, 2007

The reappeal is dismissed.

The grounds of reappeal are examined.

According to the records, the re-appellant received a decision of KRW 2,00,000 for enforcement fine on November 16, 2005 from the first instance court on the ground that the re-appellant used the building without permission extension and did not comply with the corrective order within the fixed period after receiving the corrective order from the head of Gwanak-gu Office. The court below rejected the appeal by maintaining the first instance court decision on May 4, 2007.

The Re-Appellant filed a reappeal after the decision of dismissal of appeal by the lower court, and submitted on July 4, 2006, data that the Re-Appellant was approved for the use of the above unauthorized extension portion under the Act on Special Measures for Arrangement of Specific Buildings.

However, since a charge for compelling compliance under Article 69-2 of the Building Act is a sanction against an administrative agency's violation, if the violation is committed, it shall be subject to the charge for compelling compliance, and it shall not naturally deviate from the charge for compelling compliance by correcting it later (see Supreme Court Order 90Ma699 delivered on October 20, 190, etc.). The circumstance that a correction was made later constitutes only the reason for taking into account when determining the charge for compelling compliance.

Therefore, the order of the court below is dismissed on the ground that there is no violation of the Constitution, Act, order, or rule that affected the judgment, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Dai-hee (Presiding Justice)