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(영문) 대전고등법원 (청주) 2018.11.28 2018누914

과징금부과처분취소

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where a part of the judgment is modified as follows and a judgment on the Defendant’s assertion is added by this court as set forth in paragraph 2, and thus, it is identical to the part of the reasoning of the judgment of the court of first instance. Thus, this is cited in accordance with Article

In the judgment of the first instance, the term " February 1, 2017" is amended to " March 2, 2017," as of the date of concluding the contract between the Plaintiff Posingingingings and the second cooperative of this case."

The attached Form 1 of the judgment of the first instance shall be amended by 15 Nos. 15 of the judgment of the court of first instance, and the place of violation by the Plaintiff Chungcheong Tourism Co., Ltd., for the purpose of the amendment of the "Saeong and

2. The addition;

가. 이 법원에서의 피고 주장의 요지 원고들이 청주학생통학협동조합(이하 ‘이 사건 제1조합’이라 한다), 학생통합쿱버스협동조합(이하 ‘이 사건 제2조합’이라 한다) 및 학부모 대표 등과 각 운송계약을 체결하고 통학버스를 운행한 것은 여객자동차 운수사업법(이하 ‘여객자동차법’이라 한다) 시행령 제3조 제2호 가목 단서(이하 ‘이 사건 단서’라 한다)에 해당하지 않으므로, 원고들이 전세버스 운송사업의 업종 범위를 벗어난 사업을 하였는지 여부는 위 가목 본문(이하 ‘이 사건 본문’이라 한다)에 따라 판단되어야 한다.

In order to fall under the main text of this case, the transport contract of this case must be a case where passengers are transported according to one transport contract without setting the operation system. Since the first and second cooperatives, etc. of this case set a representative route with a large quantity of demand for each school and advertised it, it is concluded in the form of student and member joining, it cannot be deemed that the operation system is not determined because it does not fall under the time the route is set at the request of the other party or through consultation, and the number of the transport contracts is also one contract.