운행정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation that is engaged in passenger transport business in Daegu-gu D.
B. On March 22, 2018, the Plaintiff obtained permission to suspend business by filing an application with the Defendant for permission to suspend business for three months (from March 23, 2018 to June 22, 2018) of seven vehicles (E, F, G, H, C, I, I, and B) due to lack of articles.
C. On June 27, 2018, the period of suspension of operation, the Plaintiff reported to the Defendant on the commencement of operation among the foregoing vehicles B and C, and on September 10, 2018, the Defendant rendered a disposition of suspension of operation against the Plaintiff pursuant to Articles 16 and 85 of the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”) regarding B and C vehicles pursuant to Article 16 and Article 85 of the Passenger Transport Service Act on the ground that the business has not been resumed even after the period of suspension of operation of passenger transport business has expired (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Article 16(1) of the Passenger Transport Act provides that “a person who has obtained a license for passenger transport business shall obtain permission from the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor in order to fully or partially suspend the business or fully discontinue the business, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport,” and Article 16(5) of the same Act provides that “the period of suspension under paragraph (1) shall not exceed one year.” As such, the Defendant’s application for extension of the period of suspension permission for every three months is in violation of the above provision (or, in the Daegu Metropolitan City Logistics Department, the period of suspension due to shortage of driver among the “the
(2) The Plaintiff cannot be deemed to have violated the aforementioned legal provisions, since it had commenced its business on 5th day of three months after filing the report of suspension of business. (2) The Plaintiff’s vehicle B subject to the instant disposition.