여객자동차운수사업법위반 행정처분(과징금) 취소
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 as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, and thus, by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
The fourth part of the project suspension order shall be the "order to suspend part of the project" in the fourth part of the project suspension order.
The 8th parallel 3 to 10th parallel 10 [the 1st parallel 1] part of paragraphs (2) and (3] shall be as follows:
2) As to the allegation of illegality in the calculation of a penalty surcharge, the Defendant: (a) operated the reduction of routes for 77-1 routes (from March 8, 2014 to March 12, 2014); (b) imposed the same disposition as indicated in attached Table 4, 14, 24, and 44 on the operation of each route reduced from March 8, 2014 to March 10, 2014; and (c) on the operation of each route reduced from March 12, 2014 to March 17, 2014; and (d) imposed the same disposition as indicated in attached Table 34 on the reduction of routes on March 11, 2014 to March 20, 2014. However, Article 46(1) of the Enforcement Decree of the Passenger Transport Service Act provides for the relevant type and degree of violation as stated in attached Table 51(1) [Attachment 1].
partnership,
(b)To meet in the Do;
(c)the curtailment or extension of routes or operating systems;
(d) In applying reduction or expansion of the number of violations under the items of the same subparagraph, the number of violations shall be calculated by dividing them by each violation under the same subparagraph, but where the number of violations is at least once within one year from the date the first violation is committed, the additional number of violations (excluding the number of violations subject to the imposition of penalty surcharges);
(i) the disposition criteria on each occasion plus 50 per cent of the amount of the disposition criteria on the above Schedule (1 million won).
Article 46(2) of the Enforcement Decree of the Passenger Transport Act provides that “The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall determine the scale of a passenger transport service provider’s business, peculiarity of the business area, degree of driver’s negligence, and details and frequency of violations.