[2] The meaning of "cases falling under Article 24 (3) or (4)" under Article 87 (1) 3 of the Passenger Transport Service Act

The Act on Special Cases Concerning the Punishment of Specific Crimes provides special cases concerning the punishment and procedures for specific violent crimes which violate basic ethics and social order, and they list specific violent crimes among crimes provided for in the Criminal Act, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Punishment of Violences Act, etc. in each subparagraph of Article 2(1).

Where the crime of causing rape under Articles 301 and 297 of the Criminal Act is prescribed as a specific violent crime falling under Article 2(1)3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, a person who has been sentenced to a suspended sentence of imprisonment for committing the crime of causing rape shall be subject to revocation of his/her license for driving a passenger taxi transport business.

[2] Article 24 (4) 2 of the Passenger Transport Service Act provides that a person who intends to obtain a license for driving a private taxi transport business shall not obtain a license for driving in the event that he/she is under the suspension of execution after having been sentenced to a suspended sentence for committing a specific violent crime. Article 24 (3) 2 of the same Act provides that where he/she is sentenced to a suspended sentence of imprisonment without labor or heavier punishment for committing a specific violent crime due to grounds for disqualification

Article 87 (1) 3 of the Passenger Transport Service Act only provides that the case of falling under such grounds for disqualification shall be subject to the revocation of qualification, and it does not provide that the qualification shall be maintained even at the time of revocation of qualification for driving by administrative agencies.

Therefore, deeming “a case falling under Article 24(3) or (4)” as stipulated in Article 87(1)3 of the Passenger Transport Service Act refers to a natural interpretation in accordance with the language and text that reads “a case where there is a fact that causes under Article 24(3) or (4) have occurred.” In contrast, deeming otherwise that an administrative agency should maintain the grounds for disqualification even when it takes a disposition to revoke the driver’s license does not conform with the language and text of the said provision.

This interpretation also accords with the legislative purpose of ensuring the safety of life and body of the people and keeping society from crimes in case of being sentenced to a suspended sentence of imprisonment or imprisonment without prison labor for a specific violent crime, and it is reasonable to view it in light of the system of the Passenger Transport Service Act that requires more strengthened standards than those of other passenger transport businesses in the acquisition of the individual taxi transport service qualification.

1. Regarding ground of appeal No. 1

According to Articles 87(1)3, 24(4)2 and 24(4)1(a), 75(2)1(a), and 75(1) of the Passenger Transport Service Act, Articles 16(1) and 37(2)15-2 of the Enforcement Decree of the Passenger Transport Service Act, where a person who has acquired a license for driving a private taxi transport business commits a crime under any subparagraph of Article 2(1) of the Act on Special Cases concerning the Punishment of Specific Crimes under Specific violent Crimes, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, and the head of a Si/Gun/Gu delegated by the Mayor/Do Governor, shall revoke his/her license if he/she is under suspension of the execution of his/her imprisonment without labor or heavier punishment.

The Act on Special Cases Concerning the Punishment of Specific Crimes provides for special cases concerning the punishment of specific violent crimes which violate fundamental ethics and social order, and the provisions of each subparagraph of Article 2(1) include specific violent crimes among crimes stipulated in the Criminal Act, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Punishment of Violences, etc... In cases where the crimes of causing rape under Articles 301 and 297 of the Criminal Act are stipulated as specific violent crimes falling under Article 2(1)3 of the Act on Special Cases Concerning the Punishment of Specific violent Crimes, the plaintiff who has been sentenced to suspension of execution of imprisonment by committing rape constitutes cases where the crime of causing rape is committed by the plaintiff who has been sentenced to suspension of the execution of imprisonment

Therefore, this part of the ground of appeal to the effect that the plaintiff did not constitute a ground for revocation of the qualification of self-employed taxi transport business, since the plaintiff committed a crime causing rape under the Criminal Act, not a crime under the Act on Special Cases Concern

2. Regarding ground of appeal No. 2

A. The Passenger Transport Service Act separates the grounds for disqualification for driving and the grounds for revocation of driving qualification for private taxi transport business.

First of all, Article 24 (4) 2 of the Passenger Transport Service Act provides that a person who was sentenced to a suspended sentence of imprisonment without prison labor or heavier for a specific violent crime prior to the grounds for disqualification for driving shall not be qualified for driving. This provision provides that a person who is under the suspended sentence shall not be qualified for driving, even though he was sentenced to a suspended sentence for a specific violent crime not sentenced to a suspended sentence for a specific violent crime, the qualification for driving of a private taxi transport business shall not be acquired for driving qualification more strict than that

Next, Article 87 (1) 3 of the Passenger Transport Service Act provides that the qualification of a passenger transport business operator shall be revoked if the person who has acquired the qualification of passenger transport business falls under Article 24 (3) or (4).

B. Article 24(4)2 of the Passenger Transport Service Act provides that a person who intends to obtain a license for driving a private taxi transport business shall be sentenced to a suspended sentence for having committed a specific violent crime and is under the suspended sentence for having committed a specific violent crime, and Article 24(4)2 of the same Act provides that he/she shall not obtain a license for driving in cases where he/she is subject to a suspended sentence of imprisonment without labor or heavier punishment for having committed a specific violent crime more strengthened grounds

Article 87 (1) 3 of the Passenger Transport Service Act only stipulates the grounds for the cancellation of qualification as a ground for the revocation of qualification, and does not stipulate the requirements that the qualification shall be maintained even at the time of the administrative agency’s revocation of qualification as a driver.

Therefore, deeming “a case falling under Article 24(3) or (4)” as stipulated in Article 87(1)3 of the Passenger Transport Service Act refers to a natural interpretation in accordance with the language and text that reads “a case where there is a fact that causes under Article 24(3) or (4) have occurred.” In contrast, deeming otherwise that an administrative agency should maintain the grounds for disqualification until the time when it issued a disposition revoking driving qualification does not conform with the language and text of the said provision (see Supreme Court Decision 2016Du46175, Apr. 26, 2017).

This interpretation also accords with the legislative purpose of ensuring the safety of life and body of the people and keeping society from crimes in case of being sentenced to a suspended sentence of imprisonment or imprisonment without prison labor for a specific violent crime, and it is reasonable to view it in light of the system of the Passenger Transport Service Act that requires more strengthened standards than those of other passenger transport businesses in acquiring the qualification for private taxi transport business.

C. The lower court did not err by misapprehending the legal doctrine on the meaning of “where the Plaintiff was sentenced to a suspended sentence of imprisonment without prison labor or heavier punishment for committing a specific violent crime, which is a ground for the cancellation of qualification under Article 87(1)3 of the Passenger Transport Service Act, as long as the Defendant was sentenced to a suspended sentence of imprisonment without prison labor or heavier punishment for committing a specific violent crime, which is a ground for the cancellation of qualification under Article 87(1)3 of the Passenger Transport Service Act, contrary to what is alleged in the grounds of appeal.”

3. Conclusion

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Sang-ok (Presiding Justice)