과태료부과처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Details of the disposition;
A. The Plaintiff is a taxi transportation business entity prescribed by the Act on the Development of Taxi Transportation Business (hereinafter “taxis Development Act”).
B. A taxi driver affiliated with the Plaintiff acquires a taxi fully filled with the LPG gas and then charge gas in a designated gas filling station at the time of return of the taxi after the completion of operation. In this case, after checking the gas injection with the oil card delivered by the Plaintiff, the transport employee pays part of the gas in the gas filling station on the day he/she confirmed the gas in advance, and then deposits the gas filling station into the Plaintiff’s account once a month after receiving it, and the Plaintiff pays the total amount of gas filling claimed by the Plaintiff in the gas filling station.
C. Around 02:00 on July 28, 2018, B, who was a taxi driver affiliated with the Plaintiff, drafted a written agreement with the Plaintiff that 1 would cause traffic accidents at the entrance of the Dong-gu dong-gu, Gwangju, and pay KRW 300,000 to D, who was the other party to the accident, on July 31, 2018.
On January 9, 2019, the Defendant imposed a warning and an administrative fine of KRW 5 million on the Plaintiff on the ground that the Plaintiff violated Article 12 of the Taxi Development Act by transferring the oil cost and the cost of handling oil to the transport employees from August 2017 to August 2018.
(hereinafter the above warning disposition is referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 3, 4, and 11 (including provisional number), Eul evidence No. 6, and the purport of the whole pleadings.
2. The plaintiff's assertion
A. The Plaintiff is implementing the full-time management system, and the money paid in cash by the taxi drivers in the charging station to the Plaintiff as part of the money to be deposited in the Plaintiff, not the personal money of transport employees, was not transferred to the transport employees. However, the Defendant misleads the transport employees of the fact.
B. The Plaintiff was unaware of the fact that the Plaintiff caused a traffic accident around July 28, 2018, and thereafter the victim of the traffic accident.