1. The instant lawsuit shall be dismissed.

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

1. Case history

A. On March 10, 2018, the Plaintiff, a licensed real estate agent, arranged a sales contract for housing B on the ground of Jeju Island.

B. On March 22, 2018, the Defendant imposed an administrative fine of KRW 4 million pursuant to Article 51 of the Licensed Real Estate Agents Act on the ground that the buyer did not faithfully and correctly explain the confirmation of the object of brokerage in the process of mediating the above sales contract to the Plaintiff.

(hereinafter “instant imposition measure”). 【No dispute exists, entry of Eul’s evidence No. 1, and the purport of the entire pleadings.”

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. We examine the legality of the lawsuit ex officio.

A. Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order provide that a party who is dissatisfied with the imposition of an administrative fine may file an objection in writing with the relevant administrative agency within 60 days from the date on which he/she is notified of the imposition of the administrative fine; if an objection is filed, the imposition of the administrative fine shall lose its effect; if an objection is filed, the administrative agency in receipt of the objection shall notify the competent court thereof along with his/her opinion and documentary evidence within 14 days from the date on which he/she receives the objection; and the competent court in receipt of the notification shall render a judgment on the administrative fine

In addition, Article 5 of the Act on the Regulation of Violations of Public Order provides that "any violation of the provisions of other Acts concerning the procedures for the imposition, collection, trial, and enforcement of fines for negligence shall be governed by this Act."

In full view of the above provisions, the propriety of the imposition of fines by an administrative agency should be determined by the procedure under the Act on the Regulation of Violations of Violations of Public Order. Thus, the imposition of fines for negligence cannot be deemed an administrative disposition subject to administrative litigation against the administrative

(Supreme Court Decision 201Du19369 Decided October 11, 2012).