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

On June 27, 2016, the Plaintiff was sentenced to a judgment of conviction of one year of suspended execution (Jincheon District Court Branch Decision 2016Da1657) on August 24, 2016, on the grounds that the Plaintiff committed an indecent act against the victim, such as breaking the shoulder of the victim, breaking the shoulder of the victim at the right her time when the Plaintiff was refused, and she was found to have committed an indecent act on the part of the victim. The judgment became final and conclusive on September 1, 2016.

On July 25, 2017, the Defendant rendered the instant disposition revoking the Plaintiff’s qualification for taxi driving under the proviso of Article 87(1)3 of the Passenger Transport Service Act (hereinafter “passenger Act”) on the ground that the Plaintiff was sentenced to a suspended sentence of imprisonment for committing the crime of indecent act by compulsion.

[Ground of recognition] Evidence Nos. 2, 5, 8, Eul No. 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion by indecent act is merely an act of committing minor crimes against a person who is not a taxi but a blicker, and the Plaintiff’s personal taxi transport business license can be revoked if the qualification of taxi driver is revoked according to the instant disposition, and the Plaintiff’s sole means of living may disappear. In light of the above, the instant disposition is unlawful since it is too harsh to abuse discretion.

(2) Article 24 of the former Passenger Transport Service Act (amended by Act No. 14342, Dec. 2, 2016) (1) A person who intends to engage in driving service of passenger transport business shall meet all the requirements in subparagraphs 1 and 2, and shall meet the requirements in subparagraphs 3 and 4 (limited to passenger transport business determined by Ordinance of the Ministry of Land, Infrastructure and Transport).