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(영문) 서울행정법원 2019.05.31 2019구합52454

자동차대여사업등록취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is a car rental business operator who has completed registration of car rental business pursuant to Article 28 of the Passenger Transport Service Act (hereinafter referred to as the "passenger Transport Service Act").

On July 19, 2018, the Defendant issued a disposition to revoke the registration of rent-a-car business (hereinafter “instant disposition”) pursuant to Articles 85(1)13 and 12 of the former Passenger Transport Act (amended by Act No. 15753, Aug. 14, 2018) and Article 43 of the Enforcement Decree of the Passenger Transport Act on the ground that the Plaintiff violated the prohibition against the use of name by having a person who is not a rent-a-car business operator operate rent-a-car business (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Nos. 3-1 and 2, and the purport of the entire argument as to whether the disposition of this case is legitimate or not, the plaintiff's assertion that the plaintiff violated the prohibition of the use of name by taking a total of 296 vehicles from the non-registered rent-a-car business entity, including B, etc.

However, considering the fact that the content and degree of violation of laws and regulations are minor and there is no damage to users, that is, the Plaintiff has set an example of rent-a-car business for not less than five years, that the Plaintiff has lost personal networks or know-how accumulated by the Plaintiff as the Plaintiff was closed down in the event of the maintenance of the disposition in this case, and that a large number of employees may lose, not only a large number of employees, but also a large amount of damage to long-term rental customers, and that the above 296 vehicles sold 97 vehicles among the above 296 vehicles as well as efforts to prevent the above-registered rent-a-car business managers from entering into a business by preparing for registration or registration of branch offices.

The attached details of the relevant statutes shall be as specified in the statutes.

Article 85 (1) 13 of the former Passenger Transport Act provides that rent-a-car business entity is a car rental business entity.