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(영문) 의정부지방법원 2018.01.23 2017구합12976

개인택시운송사업면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Since the Plaintiff obtained a private taxi transport business license on December 27, 2011, the Plaintiff has run a private taxi transport business.

B. On March 17, 2017, the Plaintiff was sentenced to a two-year stay of execution for the crime of rape in order to be sentenced to a two-year period of imprisonment for the crime of rape, and the said judgment became final and conclusive on March 25, 2017.

C. On August 14, 2017, the Defendant issued a disposition to revoke the Plaintiff’s private taxi transport business license and qualification for taxi driving (hereinafter “each of the instant dispositions”) pursuant to Articles 85(1) and 87(1) of the former Passenger Transport Service Act (amended by Act No. 14939, Oct. 24, 2017; hereinafter “former Passenger Transport Service Act”) and Article 43(1) of the Enforcement Decree of the same Act.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 3, the purport of the whole pleadings and arguments

2. Whether the disposition is lawful;

A. Each disposition of the Plaintiff’s assertion of this case should be revoked on the following grounds.

1) In relation to the revocation of the instant license for private taxi transport business, the victim of rape, which was the ground for the disposition, is in common with the Plaintiff, and the crime place is also irrelevant to the Plaintiff’s taxi transport business. As such, the public interest to be achieved by the revocation of the Plaintiff’s private taxi transport business license is very small compared to the disadvantage that the Plaintiff would incur, or would no longer exist. Therefore, the instant private taxi transport business license was abused and abused against the principle of proportionality, and is illegal. 2) In addition, in relation to the revocation of the instant license for private taxi transport business, the Plaintiff is scheduled to file a petition for a new trial against the final judgment of rape due to the instant disposition, and the validity of the revocation of the instant license for private taxi transport business is different depending on the acceptance of the above request for retrial

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c) judgment 1.