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(영문) 대전지방법원 2020.06.04 2019구단809
주정차위반과태료무효처분 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion that "I, during the economic crisis of the citizen society, accept the plaintiff's assertion that "I will make an illegal collection of fines for negligence in violation of parking and stopping, unconstitutionality due to discrimination with other vehicles, unconstitutionality (administrative law), illegal collection, excessive collection, and constitutional provisions due to the abuse of fines for negligence in violation of parking and stopping of an administrative agency, and the excessive prohibition provisions of administrative law." Accordingly, I will take measures for accusation and accusation.

2. Determination

A. Where the purport of the claim is unclear, it shall be dismissed in an unlawful manner. However, even though the Plaintiff’s order of correction was issued to clarify the purport of the claim by clarifying the purport of the claim in the complaint, the Plaintiff did not respond properly.

Therefore, the Plaintiff’s lawsuit of this case is unlawful.

B. Even if the Plaintiff considers it to the purport of seeking nullification of a fine for negligence in violation of the parking and stopping, it is unlawful on the following grounds.

(1) Articles 20 (1) and (2), 21 (1), 25, and 36 (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 fine for negligence. If an objection is filed, the imposition of the fine for negligence shall lose its effect, and if an objection is filed, the administrative agency in receipt of the objection shall notify the competent court along with its opinion and documentary evidence within 14 days from the date on which the objection is filed, and the court in receipt of the notification shall render a judgment on the fine for negligence by decision stating the reasons therefor, and the

In addition, Article 5 of the Act on the Regulation of Violations of Public Order stipulates that it is in conflict with the provisions of this Act among the provisions of other Acts concerning the procedures for the imposition, collection, trial and enforcement of fines for negligence.

In full view of the above provisions, the legitimacy of the imposition of fines by administrative agencies shall be determined by the procedure under the Act on the Regulation of Violations of Public Order.

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