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(영문) 서울고등법원 (춘천) 2018.12.19 2018누666

과징금부과처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts used or added as follows, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The part of Article 3-3 (3) (d) of the judgment of the court of first instance (the part from the fifth end to the third end) (the part from the fifth end to the third end) is as follows.

“D) The instant shuttle bus operated by the Plaintiff was shut down without intermediate transit between Chuncheon and Southern River.

A person shall be appointed.

B. According to Article 3(1) of the Passenger Transport Service Act and Article 3 subparag. 1 and subparag. 2 of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 28793, Apr. 10, 2018), the part of “judgments” (the part 6.1 to 11) is classified as follows: (a) according to Article 3(1) of the former Passenger Transport Service Act; and (b) pursuant to Article 3 subparag. 1 and subparag. 2 of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 28793, Apr. 10, 2018), the passenger transport business and area passenger transport business (the part

According to the above legislation, a route passenger transport business is determined by the unilateral will of a transport business operator and takes the method of concluding a large number of transport contracts in the form of transportation fare received from an unspecified number of the general public boarding the said passenger transport business, while a charter bus transport business enters into a single transport contract with a specific organization to determine the operation system or to determine the operation system through consultation between a specific organization and a transport business operator.

Furthermore, the operation system is also operated for the purpose of the commuting only of the members of a specific organization if it takes the transportation business system according to the agreement with the intention or specific organization of the specific organization.