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(영문) 서울고등법원 2019.04.04 2018누67567

경고처분취소

Text

1. The part against the plaintiffs in the judgment of the first instance shall be revoked.

2. All plaintiffs' lawsuits are dismissed.

3...

Reasons

Details of the disposition

This Court's reasoning is as follows: (a) the corresponding part of the judgment of the court of first instance (including the part concerning the plaintiffs in attached Tables 2 and 3) is the same as that of the corresponding part of the judgment of the court of first instance (attached Forms 2 and 12); and (b) thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the

The reason why this court's explanation in this part is the same as the entry (attached Form 4) of the corresponding part of the judgment of the court of first instance (attached Form 2, No. 14). Thus, it shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

Whether the lawsuit is legitimate or not, according to the defendant's defenses prior to the merits, examine the legitimacy of the lawsuit by the plaintiffs seeking revocation of the disposition of this case on the grounds that the defendant violated the prohibition provisions of this case against the plaintiffs.

After the expiration of the effective period of a disposition, etc. which is the object of a revocation lawsuit, the execution of such disposition and other causes, there is no benefit in a lawsuit seeking the cancellation of such disposition, unless there are any special circumstances to deem that any legal interest is infringed on by the remaining disposition, etc.

(See Supreme Court Decision 2003Du7835 Decided October 23, 2003). Meanwhile, since the power of administrative disposition is defined in law as being treated disadvantageously in the future, it becomes a requirement for statutory aggravation. If a new punitive administrative disposition is imposed in accordance with the statutory aggravation requirements, the effective period of the preceding administrative disposition has expired.

Even if there are special circumstances to deem that legal interests are infringed due to the remaining effects of the preceding administrative disposition.

(See Supreme Court Decision 2004Du14106, Mar. 25, 2005). Regarding the instant case, Article 18(1) of the Act on the Development of Taxis and Article 21 of the Enforcement Decree of the Act on the Development of Taxis shall revoke or revoke a taxi transportation business license for a taxi transportation business entity that violated the instant prohibition provision.