과징금부과처분취소
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.
1. The reasoning for the court’s explanation of the instant case is as follows: (a) the citing the judgment of the first instance court is, on the 3th page of the judgment of the first instance; (b) the 1st instance “FY 6, 2013”; and (c) the reasoning for the judgment of the first instance is the same as the stated in the grounds for the judgment, except for the addition of the judgment of the Plaintiff’s assertion emphasized in the trial; and (d) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence
2. The addition;
A. The Plaintiff’s assertion-based taxi transportation business entity, personnel management, and labor management cannot be regulated through administrative guidelines, and the Defendant cannot arbitrarily change or control the workplace, wages, working conditions, etc. of the employed drivers through collective bargaining between labor and management.
“Out-of-house shift” prohibited by the instant order for business improvement means only the case where a driver performs duties such as supplying oil, printing out of a string meter, receiving transportation revenue, washing car, vehicle inspection, etc. after the taxi operator completed the taxi operation.
Therefore, the instant disposition is an unlawful disposition that goes beyond the purpose and scope of the business improvement order.
B. In light of the determination, Article 23(1)9 of the Passenger Transport Service Act, which served as the basis for the instant order for business improvement, provides that where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems it necessary for the smooth transport of passengers and the improvement of their services, he/she may order a transport business entity to “necessary measures to secure safety transportation and improve their
Meanwhile, the purport of having a general taxi transport business entity secure a garage and prohibiting shift out of the garage is that it is necessary to have a corresponding physical facility by using it in the case of a commercial vehicle, and it is necessary to secure a space for parking and managing the commercial vehicle at all times.