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(영문) 서울고등법원 2016.01.26 2015누62080

개인택시운송사업면허제외처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On October 31, 2014, the Defendant publicly announced the following matters in accordance with the 2014-1223 of the Ansan-si Public Notice as to the issuance and calculation of an applicant for a license for a private taxi transport business in Ansan-si (hereinafter “instant public notice”) as to the issuance and calculation of the driving experience of the applicant for a license for a private taxi transport business in Ansan-si (hereinafter “instant public notice”).

11. Matters concerning the issuance and calculation of driving experience;

(a) Calculation of driving experience shall be the period during which a person is employed and engaged in driving service in a normal way, but the actual number of working days shall be 50/100 or more of the number of working days agreed on the basis of each month pursuant to the rules of employment, collective agreement, etc. of the company, if less than 50/100 of the number of working days of the month as agreed on the basis of the rules of employment, collective agreement, etc. of the company

(c).

On or before January 1, 2008, the driving experience of the transportation company and the related associations recognize the driving experience of the certificate of driving experience issued by attaching the benefit ledger or the employment personnel record card, etc.

(e) An issuing agency for certification of driving experience shall, in principle, issue the certificate to the business owner who employs the driver;

Provided, That the driver's experience in private taxi, private month, and individual cargo driver may be issued by the affiliated association.

(f) Where the records of employment-related documents are kept in an affiliated association and the enterprise is not equipped with such documents, the business operator may issue a certificate of driving experience on the basis of such confirmation after obtaining confirmation from the affiliated association.

(g) At the time of issuing the certificate of driving career, the driving career of commercial vehicles shall be issued with certain grounds, such as employment, promotion, transfer, education, etc. related to personnel affairs, such as personnel affairs and wage payment documents, the attendance book, the dispatch book, the employment relation kept in the union, etc., and officers and employees;