개인택시운송사업면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance regarding this case is as follows: (a) the court shall revise the first instance judgment No. 2, 10, i.e., “a final and conclusive judgment” (hereinafter “instant criminal judgment”) to “a final and conclusive judgment”; and (b) at the end of the first instance judgment, the judgment on the Plaintiff’s principal grounds for appeal is identical to the statement on the grounds of the first instance judgment, except for adding the judgment on the Plaintiff’s principal grounds for appeal to the end of the second instance judgment as described below 2. Thus, this shall be cited in accordance with Article 8(2)
2. Determination on the grounds for appeal
A. The plaintiff's summary of the plaintiff's assertion is without clearly distinguishing between the revocation of the qualification for taxi driving of this case and the revocation of the (personal taxi transport) license of this case from the grounds of appeal. The plaintiff's argument is examined in line with the nature of each disposition.
1) The instant legal provision of the Passenger Transport Service Act (hereinafter “ Passenger Transport Service Act”) which is the basis for revocation of the instant taxi driver’s license.
(2) The judgment of this case is to be rendered after the constitutional complaint (2018HunBa264) against the legal provision of this case, since the legal provision of this case unconstitutionally requires a constitutional review that is highly likely to infringe on citizens’ fundamental rights, the judgment of this case should be revoked on the following grounds. 2) Whether the revocation of the business license of this case is legitimate or not is revoked on the ground that the disposition of revocation of the business license of this case is unlawful for the following reasons. The private taxi transportation business license of this case has the nature of property right that can be transferred, and in fact, the private taxi transportation business license of this case is traded for the private taxi transportation business.
Nevertheless, if a person was sentenced to imprisonment without prison labor or heavier punishment for committing a specific sexual crime, the Plaintiff is deemed to have been sentenced to the grounds of appeal under Articles 87(1)3 and 24(4) of the Passenger Transport Act, which are the binding provisions of the Act, based on the grounds of revocation of the instant business license.