logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.11.11 2015구합60922
기타이행강제금부과처분취소
Text

1. On May 27, 2014, the part of the disposition imposing a charge for compelling compliance imposed by the Defendant on the Plaintiff on May 27, 2014 exceeding one million won.

Reasons

1. Details of the disposition;

A. The Plaintiff, from the Defendant, installed outdoor advertisements in accordance with the above permission (hereinafter “instant advertisements”) with the permission for displaying outdoor advertisements, etc. using the type of public facilities, size 15m x 7m x 7m (in both sides) during the display period, from January 11, 2007 to January 10, 2010, and the advertisement, etc. using the content as “use university.”

B. On December 9, 2013, the Defendant issued an order to correct the content of the advertisement of this case to the Plaintiff, on the grounds that the content of the advertisement of this case was changed to “B,” and on February 4, 2014, the Defendant urged the Plaintiff to implement the said corrective order. However, on May 27, 2014, the Defendant imposed KRW 5 million on the Plaintiff on the charge for compelling the performance (hereinafter “instant disposition”).

【Ground of recognition】 The purport of the whole of the statements, images, and pleadings, in the absence of any dispute, Eul-1 through 4, 6, 7, or 8

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1) The Defendant did not follow the fair hearing procedures prior to the instant disposition, or did not reflect the Plaintiff’s justifiable opinion. 2) The instant disposition did not attach a notice of payment of enforcement fines to the instant disposition.

3) The change of the contents of the advertisement of this case was made by the advertiser who actually uses the advertisement of this case and the plaintiff did not change the contents of the advertisement of this case. 4) The defendant calculated the total floor area of the advertisement of this case in accordance with the standards set forth in the previous permit merely without measuring the actual area of the advertisement of this case prior to the disposition of this case. The advertisement of this case is a general advertisement, but it constitutes a propaganda tower and a arched advertisement, and thus erroneously applied the calculation criteria

(b) Attached Form of relevant statutes;

(c).

arrow