개선명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts that there has been no dispute over the disposition;
A. Article 75(1) of the former Passenger Transport Service Act (amended by Act No. 14716, Mar. 21, 2017; hereinafter “Act”) provides that “The Minister of Land, Infrastructure and Transport may delegate part of his/her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree,” and Article 75(2) provides that “The Mayor/Do Governor may delegate part of his/her authority delegated by the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) to the Mayor again with the approval of the Minister of Land, Infrastructure and Transport.”
Article 37(1)12 of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 27798, Jan. 20, 2017; hereinafter “Enforcement Decree”) provides that “The Minister of Land, Infrastructure and Transport shall delegate his/her authority to the Mayor/Do Governor to issue an order for business improvement to transport business operators under Article 23 of the Act pursuant to Article 75(1) of the Act.” On October 25, 2016, Article 23(1)9 of the Act (hereinafter “instant provision”) issued the following improvement order (hereinafter “instant order”), and the said order was enforced from January 1, 2017.
A taxi shall be subject to the duty to designate and comply with the hours of the subsidiary system (00:00 to 24:00): A general passenger taxi (excluding the subsidiary system of a single-income disadvantaged person), a general taxi shall be operated with ten parts (9 days' operation, repeating a day stop), a private taxi shall be operated with three parts (2 days' operation, a day stop stop), and a private taxi shall be operated with three parts (2 days' operation, a day stop stop).
- The time of partial application shall be from 00:00 to 24:00 for each day (day).
A general taxi shall be classified into Articles 0 through 9 and 10 according to the end of the motor vehicle number.
A group of individual taxi associations shall be divided into five groups, excluding exemplary taxi and private taxi converted into an exemplary taxi with disabilities, and a group of individual taxi associations shall be organized on a daily basis.