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(영문) 서울행정법원 2017.01.20 2016구합53234

과징금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person running a private taxi transport business using B-si (hereinafter “instant taxi”).

B. On July 25, 2013, the Seoul Special Metropolitan City Mayor publicly announced the improvement order of passenger transport business as follows pursuant to Article 23(1)9 of the former Passenger Transport Service Act (amended by Act No. 12377, Jan. 28, 2014; hereinafter “passenger Transport Service Act”) pursuant to Article 23(1)9 of the former Passenger Transport Service Act:

(hereinafter referred to as the "order for Business Improvement". In the event of a violation of the provisions of the laws and regulations related to the use in the Gu, taxi transport business entities shall install a card settlement terminal for the payment of taxi fares: The location of the card terminal shall be installed as follows for the convenience of taxi passengers; - The equipment main body that can recognize the card shall be on the front left (on the front left between the driver's seat and the steering seat) - The identification card click box for the Internet card recognition box (on the front left (on the top between the steering seat and the steering seat) shall be able to use both the prepaid payment and the settlement click; if not normally, the operation shall be suspended and maintained immediately; if not, the transport business entities shall be suspended and maintained immediately; and a transport business entity shall be subject to a penalty surcharge in accordance with Article 23 [Attachment 3] of the Enforcement Decree of the Passenger Transport Service Act [Attachment 54] of the Enforcement Decree of the Passenger Transport Service Act at the time of the violation of Article 223:1.3 million won of the penalty surcharge in part or 4.

C. On November 9, 2015, the Plaintiff violated the instant order of business improvement and was exposed to public officials traffic regulation officials of Seoul Special Metropolitan City while operating a taxi in the state of attaching a credit card settlement device at the lower right side of the driver’s seat of the instant taxi in violation of the order of business improvement.

On December 21, 2015, the Defendant violated the instant order to improve the business.