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(영문) 서울고등법원 2016.02.25 2015나2049642

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant Iron-si Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaging in taxi transportation business, and the Plaintiff is a taxi driver belonging to Defendant Co., Ltd.

1. Type of business: Private taxi transportation business; and

2. Number of licensed licenses: 2.

5. A license shall be granted in accordance with the order of priority in issuing the regulations on handling affairs of a license for private taxi transport business, private taxi transport business, or private person who has no grounds for disqualification under the Passenger Transport Service Act

7. One copy of the certificate of work experience in documents to be submitted (issuance of transportation enterprises, prescribed forms, civil petition services and keeping of military offices).

B. On November 25, 2013, Defendant Hawon-gun published the recruitment of persons eligible for a license for private taxi transportation business (hereinafter “instant recruitment”) in 2013, which includes the following contents.

C. On December 12, 2013, the Plaintiff issued a certificate of driving experience (hereinafter “instant certificate of driving experience”) from the Defendant Company to obtain a personal taxi transport business license. The said certificate of driving experience was written on December 1, 1997.

Since then, the Plaintiff submitted a certificate of driving experience and an application for a personal taxi transportation business license to Defendant Hawon-gun.

Defendant Hawon-gun announced on December 27, 2013 that the results of the personal taxi transportation business license review conducted on December 2013, 2013, that the license-holder was first-class B (16 years and five months of accident experience, additional six months, total work experience of 16 years and 11 months), second-class C (16 months of accident experience and total work experience of 16 months) and second-class C (16 months of accident experience and total work experience of 15 years and 7 months of accident experience), and the Plaintiff was first-class 4 (15 years and 7 months of accident experience, additional 6 months, total work experience of 16 years and 7 months of total work experience).

E. On February 4, 2014, Defendant Hawon-gun published B, C, and issued a new passenger taxi transport business license to B and C as of February 3, 2014.

The Hawon-gun Private Passenger Taxi Transportation Business License Rules (No. 365 of February 6, 2004, hereinafter referred to as the "No. 1 of this case").