통고처분에 대한 행정쟁송

The Propriety of Administrative Litigation over Statutory Notification

Statutory Notification is an administrative act by government office to notice transgressor to pay the penalties for violations. In this case, the noticed (transgressor) has two choices. The one is to follow the notification and the other is to disregard it. And if the noticed would choose the latter, he would be prosecuted and put to the criminal court. On the contrary, if he would decide to pay the penalties, he could be exempt from prosecution and any other criminal sanctions. This is just what the statutory notification aimed at. The noticed is expected to pay penalties as noticed in order to avoid criminal prosecution. By the way, can the noticed contend with the penalty notification by reason that he does not agree to that? If it possible, when and how can he bring an action against the disagreeable notification. Especially, can the noticed bring an administrative litigation to request a retraction of notification as he has decided not to follow the notice. According to the usual opinion, the noticed is not allowed to take an administrative action against statutory notification. Because the notification is merely a notice, not an administrative order which can be contested at law. But I insist through this paper that even if statutory notification is not an administrative order but a notice or information, it should be gone to administrative suit. To support my insistence, I analyze critically some legal grounds which courts have dealt with as cause for prohibition of administrative litigation against statutory notification. And in order that the right to be given a fair trial is substantially guaranteed, the administrative litigation against statutory notification should be allowed. This is what I wanted to say.