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(영문) 부산고등법원(창원) 2020.10.14 2019누12176

과징금부과처분취소

Text

1. Revocation of a judgment of the first instance;

2. Imposition of a penalty surcharge of KRW 38,500,000, imposed on the Plaintiff on April 9, 2018 by the Defendant, and the imposition thereof.

Reasons

1. The reasons why the court should explain in this part are as stated in Paragraph 1 of the judgment of the court of first instance, with the exception of the following: (a) “instant Disposition No. 2” (hereinafter “instant Disposition”) as “(hereinafter “instant Disposition No. 2”; and (b) instant Disposition No. 1 and Disposition No. 2, respectively”; and (c) as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance.

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

2. Whether each of the dispositions of this case is legitimate

A. The court's reasoning in this part is as stated in Paragraph 2-A of the judgment of the court of first instance.

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

B. The reasons stated in this part of the relevant statutes are as stated in Paragraph 2-B of the reasoning of the judgment of the court of first instance.

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

C. The reasons why the court should explain this part of the judgment of the first instance court whether the Plaintiff was operating or associated with the reduction due to inevitable reasons are as follows: ① the Enforcement Rule of the Passenger Transport Service Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 677, Dec. 26, 2019; hereinafter “Enforcement Rule of the former Passenger Transport Service Act”) among the judgment of the first instance court; ② the first 10th 7th 10th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 12th 7th 7th 7th 7th 12th 7th 7th 7th 7th 7th “instant 12th 7th 7th 7th 7th 13th 7th 7th 7th 7th 7th 7th 7th 86th 86th 86th 8th 6th 86th 6th 6th 6th 6th 2

“A lack of evidence”.

6. 8. 6 6 1.0 6 1. 6 1. 1.