[개인택시운송사업면허취소처분취소][공1988.1.15.(816),179]
Whether the trust interest in the cancellation of a private taxi license acquired by fraudulent means is invoked (negative)
A person who obtained a private taxi driver's license based on a false career certificate from the Minister of Home Affairs by submitting a false career certificate and received an official commendation and a careerless driver's certificate from the Minister of Home Affairs in a fraudulent manner, was aware that his interest was illegally acquired, and thus, the possibility of revocation was anticipated. As such, he cannot invoke the trust interest in the above administrative act, and there is no room for discussion as to whether the above cancellation of license is abuse of discretionary power
Articles 19 and 27 of the Administrative Litigation Act
Supreme Court Decision 84Nu327 Decided May 28, 1985, 85Nu291 Decided August 19, 1986
Plaintiff
Free exhibition;
Seoul High Court Decision 85Gu756 delivered on March 18, 1987
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
According to the reasoning of the judgment of the court below, since the plaintiff acquired a driver's license on November 8, 1969 and had been engaged in driving service for 6 years or more, the plaintiff was admitted to the Daejeon Exemplary Drivers Association composed of the above Exemplary Drivers for 6 years or more, based on the above Exemplary Drivers Association' 10 years or more, the plaintiff was notified that his career certificate was presented to the Exemplary Drivers Association, and the plaintiff was presented to the Exemplary Drivers Association, and the above Exemplary Drivers Association was not qualified for the above Exemplary Drivers' 19 years or more. The plaintiff was not allowed to receive the above Exemplary Drivers' 19 years or more based on the No. 9's career certificate and the No. 97 years' career certificate was presented to the Minister of Home Affairs. The plaintiff's 9 years' career certificate was not presented to the Exemplary Drivers Association. The plaintiff's 9 years' career certificate was not presented to the Exemplary Drivers' E. 1, 1984.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Lee-hee (Presiding Justice)