beta
Main Issues
Whether an administrative litigation can be filed to seek the revocation of a notification disposition under the Road Traffic Act
Summary of Judgment
Since notification disposition by the chief of police station under Article 118 of the Road Traffic Act is not an administrative disposition that is subject to administrative litigation, a lawsuit seeking the cancellation of such disposition is illegal. If a person subject to notification disposition under the Road Traffic Act raises an objection against such disposition, he can not pay the penalty in accordance with the notification disposition, thereby allowing the court to be tried by the request for summary judgment by the chief
[Reference Provisions]
Articles 1 [General Administrative Disposition] and 2 of the Administrative Litigation Act, Article 118 of the Road Traffic Act
Reference Cases
Supreme Court Decision 75Nu40 decided Jan. 27, 1976 (Gong1976,907) 79Nu89 decided Jun. 12, 1979 (Gong1979,12017) 80Nu380 decided Oct. 14, 1980 (Gong1980,1339)
Plaintiff-Appellant
[Judgment of the court below]
Defendant-Appellee
The Chief of Gangnam Police Station
Judgment of the lower court
Seoul High Court Decision 94Gu13574 delivered on February 22, 1995
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
Reasons
We examine the grounds of appeal.
Since notification disposition by the chief of a police station under Article 118 of the Road Traffic Act is not an administrative disposition subject to administrative litigation, a lawsuit seeking the revocation of such disposition is deemed unlawful. In a case where a person subject to notification disposition under the Road Traffic Act raises an objection against such disposition, it is only possible for the chief of a police station to be tried by the court upon request for summary judgment by failing to pay the penalty according to the notification disposition. The judgment below to the same effect is just and it does not contain any errors such as the theory
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Don-hee (Presiding Justice)