beta
(영문) 서울행정법원 2015.03.19 2014구합19759

과징금부과처분취소등

Text

1. The Defendant’s imposition of a penalty surcharge of KRW 1.2 million imposed on the Plaintiff on October 18, 2013 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running taxi transportation business.

B.1) On March 20, 2008, pursuant to Article 24(1)9 of the former Passenger Transport Service Act (amended by Act No. 8980, Mar. 21, 2008), the Defendant issued an order to improve the business with the effect that the taxi transport business entity prohibits the outside of the garage by “an act of failing to enter a company garage after the completion of operation,” and if it violates this prohibition, it shall be deemed that the two times of business suspension (60 days) of the relevant vehicle or 1.2) On July 13, 2009, the Defendant sent to the taxi transport business association of Seoul Special Metropolitan City, “the matters related to the prohibition of managing the outside of the garage,” which is “an act related to the prohibition of managing the outside of the garage,” and which again enters a series of garage after completing the management of the vehicle, such as transportation record transfer, payment of revenue, maintenance of the vehicle, etc., and thus, it constitutes one or more of the vehicles subject to disposal without the time for delivery of the vehicle.

3) On July 25, 2013, the Defendant is entitled to the former Passenger Transport Service Act (amended by Act No. 12020, Aug. 6, 2013; hereinafter “Act”).

(2) On the basis of Article 23(1)9 of the Seoul Special Metropolitan City Notice No. 2013-1202, “the act of leaving a taxi driver’s garage on the company garage after the end of operation” is prohibited from managing the taxi and, if violated, the suspension of part of the business (the first: 20 days, the second: 40 days, and the third: 3rd.