1. As to the assertion of misapprehension of the legal principle as to the hearing under the Administrative Procedures Act

A. According to Article 85(1)37 of the Passenger Transport Service Act and Article 43(1) [Attached Table 3] of the Enforcement Decree of the same Act, where the license of a private taxi transport business entity is revoked, the competent authorities may revoke the business license. Article 86 of the same Act provides that “A person shall hold a hearing to revoke the license or registration of passenger transport business pursuant to Article 85(1).”

Article 22 (1) 1 of the Administrative Procedures Act provides that a hearing shall be held when an administrative agency issues a disposition, or when other Acts and subordinate statutes stipulate that a hearing shall be held.

The purpose of the hearing system is to consider the possibility of correction of illegal causes and to ensure the prudent and proper disposition by giving the parties an opportunity to submit materials favorable to the defense for the reasons of administrative disposition.

Therefore, if an administrative agency provides that a hearing shall be held in the grounds of a disposition in particular when taking an infringing administrative disposition, the administrative agency shall hold a hearing unless it falls under exceptional cases that may not be held in accordance with the relevant laws and regulations, such as the Administrative Procedures Act, and the disposition lacking such procedures constitutes grounds for revocation as illegal disposition.

(see Supreme Court Decision 2005Du15700, Nov. 16, 2007). Meanwhile, according to Articles 22(4) and 21(4)3 of the Administrative Procedures Act, “where a party clearly expresses his/her intent to waive an opportunity to state his/her opinion, it is difficult or clearly unnecessary due to the nature of the pertinent disposition,” or “where the party clearly expresses his/her intent to waive an opportunity to state his/her opinion,” he/she may not state his/her opinion, such as a hearing. In other words, there are reasonable grounds to believe that the hearing of opinion is considerably difficult or