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(영문) 대전지방법원 2017.05.11 2016구합104691
과태료 부과처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 2012, the Plaintiff is an employee of the Dasung C&D Co., Ltd. (hereinafter “Dasung C&D”) at the office of sales of B-building in an office of sales in the astronomical building B (hereinafter “Dasung”).

B. On March 22, 2012, the Plaintiff posted 58 copies of the sales advertisement of B building, which is an illegal advertisement at the Gangnam-gu Seoul Special Metropolitan City Council member, and submitted to the Defendant a written statement and signature as an offender, stating that “The Plaintiff violated Article 3(1) of the former Outdoor Advertisements, etc. Control Act and Article 7(1) of the Enforcement Decree of the same Act” (hereinafter “the instant person”).

C. On April 5, 2012, the Defendant notified the Plaintiff that it would impose an administrative fine of KRW 5,00,000 pursuant to Articles 3 and 20 of the former Outdoor Advertisements, etc. Control Act and Article 55 of the Enforcement Decree of the same Act on the ground that the Defendant posted the banner of the sales advertisement of the building B, which is an illegal building, to the Plaintiff on the motor vehicle, and that

9. The plaintiff's corporate partner fee reached D.

Notwithstanding the above prior notice, the Plaintiff did not present any opinion regarding the imposition of the fine for negligence, and on April 25, 2012, the Defendant imposed an administrative fine of KRW 5,000,000 on the Plaintiff on the ground of violation of Articles 3 and 4 of the former Outdoor Advertisements, etc. Control Act (hereinafter “instant imposition of the fine for negligence”).

E. The Defendant, on April 25, 2012, posted a banner on the sales advertisement of B building, an illegal advertisement, to the Plaintiff on April 25, 2012, imposed an administrative fine of KRW 5,00,000 and the same year

6. If the payment is not made by October, 200, the notice of default demanding the payment of additional 250,000 won was sent, and the notice of default was notified to the Plaintiff 46 times in total until June 16, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, 4, and 6 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is an employee of Dasung L&C on behalf of the representative director.

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