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(영문) 광주지방법원 2017.09.28 2017구합11251

택시종사자격 취소처분 무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The plaintiff and the defendant bear one half each of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff was serving as a taxi driver from August 12, 2013 to April 9, 2014, and from May 19, 2014 to November 3, 2014, on the grounds that the Plaintiff served as a taxi driver from the gold transit by a limited liability company.

(A) No. 3, b.

The instant disposition and ex officio revocation 1) The Defendant, August 7, 2015, issued a disposition to revoke the Plaintiff’s qualification for taxi workers (hereinafter “instant disposition”).

(A) On May 31, 2017, the Defendant revoked the instant disposition ex officio, and accordingly, the Plaintiff’s qualification for taxi drivers was restored retroactively to the date of the instant disposition.

(A) 3, 5, entry of Gap evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings, without dispute.

2. Judgment on the Defendant’s defense prior to the merits

A. Since the instant disposition was revoked ex officio, the instant lawsuit has no interest in the lawsuit.

B. 1) In principle, a suit for confirmation is permissible in order to eliminate risks or apprehensions in relation to the current rights or legal status. In the past legal relations, unless it has an impact on the current rights or legal status, and it is recognized that obtaining a judgment on confirmation of the said legal relations is an effective and appropriate means to eliminate risks or apprehensions in relation to the current rights or legal status (see Supreme Court Decision 2010Da36407, Oct. 14, 2010). 2), according to the facts acknowledged in paragraph 1, the instant suit constitutes seeking confirmation of the past legal relations by seeking confirmation of the cancelled disposition of this case. The instant disposition was affected by the Plaintiff’s current rights or legal status, and it is not recognized as an effective and appropriate means to obtain a judgment on confirmation of the said legal relations in order to eliminate risks or apprehensions in the current rights or legal status.

The plaintiff is liable for damages caused by the illegal disposition of this case.