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(영문) 서울행정법원 2020.01.09 2019구합60691

자격정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person engaging in driving service of taxi transportation business after acquiring a taxi driving license.

(No. 2-1, No. 4). (b)

On November 27, 2018, the head of Eunpyeong-gu Seoul Metropolitan Government issued a warning to the Plaintiff, which is an administrative disposition under the Act on the Development of Taxi Transportation Business (hereinafter “Tax Development Act”), on the ground that “the Plaintiff refused to take passengers on October 1, 2018 without justifiable grounds.”

(Evidence 5, 7). (c)

On March 6, 2019, the Defendant stated the Plaintiff’s refusal to take passengers at the crosswalk near the building 06:00 B on December 22, 2018, Article 16 of the Taxi Development Act and Article 12 [Attachment Table] of the Enforcement Rule of the same Act as the underlying law pursuant to Article 18 of the Taxi Development Act and Article 21 [Attachment Table] of the Enforcement Decree of the same Act, but it appears that it is irrelevant to the suspension of qualification against the Plaintiff.

The suspension of qualification was 30 days (from April 9, 2019 to May 8, 2019) disposition.

(hereinafter referred to as "disposition of this case") / A (including paper numbers; hereinafter the same shall apply)

(3) A. (Evidence 3) / [Based on recognition] A. 2-1, Gap evidence 4, Eul evidence 3 through 5, and Eul evidence 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The details of the relevant statutes are as shown in the attached statutes.

B. On December 22, 2018, the Plaintiff’s assertion as to whether to recognize the grounds for disposition, and the Plaintiff itself acknowledged the fact that, on the crosswalk near the building 06:00 B on December 22, 2018, the Plaintiff told the passenger “a person to use another vehicle” to “a person to use another vehicle.” However, the Plaintiff asserts that there is a justifiable reason to refuse boarding as above, and asserts that there is a specific factual basis as follows.

On December 22, 2018, the Plaintiff, who was under the influence of alcohol, was born a drunk passenger at the street in the Goyang-gu, Soyang-gu, Goyang-gu.

(C) Abrea passenger under the influence of alcohol was engaged in the taxi at a taxi set during operation.

The plaintiff is drunk.