1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion 1) The defendant is the managing body of the apartment complex, "the selection guidelines for housing management operators and business operators" (hereinafter "the selection guidelines in this case").

(2) On the ground that the Plaintiff violated Article 42(1) of the Housing Act by selecting a business operator in violation of a bid method, etc., the Plaintiff imposed an administrative fine of KRW 3 million on February 19, 2014 pursuant to Article 101(3) of the Housing Act, and the decision of KRW 1,50,000 was finalized as the Plaintiff’s administrative fine was partially reduced in the judgment of the deputy branch branch of the Daegu District Court, which was commenced following the Plaintiff’s objection. (2) The Defendant was entrusted with the prosecution’s execution of the judgment of the administrative fine, and notified the Plaintiff of the payment of the administrative fine of KRW 1,50,000 upon the Plaintiff on June 13, 2014, and the Plaintiff paid the said administrative fine on June 20, 2014.

3. However, as the Seoul Administrative Court recently declared that the selection guidelines of this case were enacted without delegation of superior laws and regulations, and thus, the disposition imposing the fine for negligence against the plaintiff should be revoked in an unlawful manner.

2. Determination

A. Article 5 of the Act on the Regulation of Violations of Public Order provides that "The method of appeal against the imposition of fines for negligence under the Housing Act does not conflict with the provisions of this Act among the provisions of other Acts concerning the procedures for the imposition, collection, trial, execution, etc. of fines for negligence shall be governed by this Act." Meanwhile, the Housing Act does not provide for the procedures for the imposition, collection, trial

Therefore, the Act on the Regulation of Violations of Public Order shall apply to the imposition of administrative fines by administrative agencies under the Housing Act.

However, Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine, and there is an objection.