행정처분취소
1. The Defendant’s disposition of restricting the change of business plan rendered to the Plaintiff on October 27, 2014 shall be revoked.
2. The plaintiff's remaining claims.
1. Details of the disposition;
A. On February 28, 2014, the Plaintiff, a company engaged in chartered passenger transport business, etc., acquired ownership of a vehicle listed in attached Form 1 (hereinafter “instant bus”).
B. As to the instant bus, a business suspension report was filed from January 9, 2014 to April 8, 2014. However, around April 8, 2014, the Plaintiff again filed a business suspension report on the instant bus to Busan Metropolitan City from April 9, 2014 to July 8, 2014 on the ground that the “business reservoir and vehicle garage” was re-reported to Busan Metropolitan City, and the said report was accepted on April 10, 2014, and the Plaintiff returned the registration number plate of the instant bus to Busan Metropolitan City.
C. However, despite the expiration of the period of suspension, the Plaintiff did not resume the business of the instant bus or take any measures to extend the period of suspension, and on August 20, 2014, the Busan Metropolitan City Mayor requested the Defendant to take an administrative disposition against the Plaintiff by notifying the Defendant of the following violations of the Plaintiff’s statutes.
Violations: The instant bus temporary closure period that is not implemented before the expiration of the temporary closure period: From April 9, 2014 to July 8, 2014: Relevant laws and regulations: Articles 16(2) and 85(1)16 of the Passenger Transport Service Act; Article 43(1) [Attachment Table 3] of the Enforcement Decree of the Passenger Transport Service Act.
On August 25, 2014, the Plaintiff reported the temporary closure of the instant bus to Busan Metropolitan City from August 26, 2014 to February 25, 2015 after receiving communication from the person in charge of Busan Metropolitan City to re-report the temporary closure of the instant bus, and the said report was accepted on August 25, 2014.
E. On September 3, 2014, pursuant to Article 21 of the Administrative Procedures Act, the Defendant notified the Plaintiff of the prior notification of disposition as follows and submitted its opinion.
1. Title of the scheduled disposition: Passenger Transport Service Act (non-performance of the re-suspension of business before the expiration of the period of suspension);
2. Facts constituting grounds for disposition: Re-suspension of business prior to the expiration of the suspension period; and