과징금부과행정처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, except for adding the defendant’s assertion and judgment thereto as set forth in paragraph (2) below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article
2. The addition;
A. The gist of the Defendant’s assertion in this court is that the Plaintiff entered into a transport contract with the Hahbuk-do Association, an incorporated association (hereinafter “instant association”) and operated school buses does not fall under the proviso of Article 3 subparag. 2 (a) of the Enforcement Decree of the Passenger Transport Service Act (hereinafter “the Passenger Transport Service Act”). Therefore, whether the Plaintiff was engaged in a business beyond the scope of business type of chartered bus transport business ought to be determined pursuant to the main text of the said item (a) (hereinafter “instant main text”).
However, the Association of this case designated routes for profit-making purposes and advertised them, and entered into a multiple shipping contracts with unspecified students or parents as members of the Association of this case. Since the Association of this case and the Plaintiff are jointly suppliers of transportation services or co-generations, the operation of the Plaintiff’s school bus does not constitute “the business of transporting passengers according to one transport contract without setting the operation system” stipulated by the main text of this case as the chartered bus transport business.
Therefore, it is legitimate to impose the penalty surcharge of this case on the ground that the Plaintiff concluded a transportation contract with the Association of this case and operated a school bus beyond the scope of the business type of the chartered transportation business.
(b) Article 3 (Types of Passenger Transport Business) (1) of the Passenger Transport Service Act shall be classified as follows:
1. Route passenger transport business: A passenger by designating a section intended for regular service (hereinafter referred to as "lane");