과징금부과처분취소
1. The Defendant’s imposition of a penalty surcharge of KRW 1.2 million against the Plaintiff on May 2, 2014 is revoked.
2. The costs of lawsuit shall be.
Details of the disposition
The plaintiff is a passenger transport service provider who operates a general taxi transport business with the Seoul Metropolitan Government as its business area.
On January 21, 1993, pursuant to Article 25 of the former Automobile Transport Business Act (wholly amended by Act No. 5448 of Dec. 13, 1997), the Defendant issued an order to improve the business operation of the so-called "Prohibition of Management outside the garage" with the content that the former vehicle shall be put into the garage of the company after the end of operation every day, and the driver's workplace shall be carried out within the company's garage.
According to Article 24 of the former Passenger Transport Service Act (wholly amended by Act No. 8980, Mar. 21, 2008; hereinafter “passenger Transport Service Act”), the Defendant issued an order to improve the business that prohibits “out of the garage management” such as “out the garage management” to all passenger transport service providers pursuant to Article 24 of the former Passenger Transport Service Act (wholly amended by Act No. 8980, Mar. 21, 2008).
On July 13, 2009, the Defendant urged the Seoul Passenger Transport Business Association to comply with the business improvement order, and delivered the rules related to the prohibition of management outside the garage to the effect that, even if a vehicle is operated under the first-person first-class system, it should be kept and managed as a garage after the business operation is completed, and if there is a vehicle outside the garage without being kept after the completion of the business hours after the dispatch, it constitutes an act of leaving the vehicle without being kept in the company garage after the completion of operation.
On July 25, 2013, based on Article 23 (1) 9 of the Passenger Transport Act, the defendant's "public announcement on improvement order for passenger transport business and compliance (Seoul Special Metropolitan City public announcement No. 2013-1202)" includes the following contents.