등록취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that has completed the registration of passenger transport business on March 19, 2015 (hereinafter “instant registration”) and operated a chartered bus transport business.
B. The Plaintiff and the Plaintiff’s representative B were indicted for violating the Passenger Transport Service Act on the ground that C lent the Plaintiff’s name as a trucking business operator and caused C to operate passenger transport business using D tourist buses, a commercial automobile, and received a summary order of KRW 1.5 million on April 23, 2018 (Seoul District Court Decision 2018 High Court Decision 201Da6924), and the said summary order became final and conclusive around that time.
C. On July 19, 2018, the Defendant revoked the instant registration against the Plaintiff pursuant to Article 85(1)13 of the Passenger Transport Service Act and Article 43 of the Enforcement Decree of the Passenger Transport Service Act, on September 21, 2018, on the ground that the Plaintiff was sentenced to a fine in violation of Article 12 of the Passenger Transport Service Act.
(hereinafter “instant disposition”) D.
The plaintiff appealed against this and filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission, but the above claim was dismissed on November 26, 2018.
E. The Plaintiff filed the instant lawsuit seeking revocation by asserting that the instant disposition was unlawful. On April 24, 2019, the presiding judge of this court rendered a recommendation to adjust the instant lawsuit to the effect that “1. The Defendant, on September 21, 2018, changed the disposition of cancelling the registration of passenger transport business (a chartered bus) to the Plaintiff on September 21, 2018 and the disposition of restricting the reduction of the number of vehicles for five years, and the disposition of restricting the increase of the number of vehicles for one year.
F. On May 2, 2019, the Plaintiff submitted the written consent of mediation recommendation, and the Defendant also submitted the written consent of mediation recommendation on July 4, 2019, and the Defendant issued the instant disposition on July 15, 2019.