Yeung-si Mannam-dong

2. The costs of lawsuit are assessed against the defendant.

A. On February 16, 2005, the Plaintiff filed an application with the Defendant for designation as a delivery agent of a motor vehicle registration number plate (hereinafter referred to as "number plate") by setting the location of the Defendant as "Seomun-gu Seoul Hongdong, Seoul, and its business area as "Seoul Metropolitan Government".

B. Accordingly, on February 28, 2005, the Defendant: (a) on February 28, 2005, the Plaintiff: (b) the issuing agent of the Seoul Special Metropolitan City was designated by two companies dividing the Seoul Special Metropolitan City into Dong and Seo-ro, but the actual place of issuing the number plate was not a place of issuing the delivery agent, but there is no inconvenience for the users; (c) on the ground that the new and transfer registration of Seoul Special Metropolitan City was reduced by 10% each year at the starting point of 2002, it is anticipated that the demand for the number plate of Seoul Special Metropolitan City will be reduced somewhat; (d) the additional designation of the issuing agent is not considered at the present point of time; and (e) in the future, in cases where it is deemed necessary to additionally designate the issuing agent due to changes in conditions such as demand for the number plate, etc., the additional designation plan of the issuing agent was publicly announced and notified that the designation of the issuing agent was impossible on the ground that it should be selected by the selection committee by receiving an application from the applicant.

【Ground for Recognition】 Entry of Evidence A No. 2

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff applied for the designation of a delivery agent to develop new products related to the number plate directly and resolve traffic accidents and crimes related to the number plate, etc., and the defendant made the disposition of this case only on the abstract corresponding only, the defendant designated two companies as the delivery agent of the Seoul Special Metropolitan City, and it is necessary to eliminate the monopolyization maintained by the defendant as the delivery agent of the number plate. If the number of the delivery agent increases, the number of choice of the price, quality, distribution services, etc. is wide from the citizen's perspective, and if other cities/Dos, etc. nationwide refuse the application for the designation of the delivery agent, the number of motor vehicles registration is more than two companies in Seoul Special Metropolitan City. Accordingly, the new designation of the delivery agent becomes impossible throughout the country, and the defendant's disposition of this case is unlawful as it deviates from and deviates from the scope of discretion.

(b) Related statutes;

As shown in the attached Form.

(c) Facts of recognition;

(1) Around 1974, the Defendant: (a) designated Nonparty 1 company located in Gangnam-gu Seoul Cheonggu, Seoul as a number plate issuing agent; and (b) designated Nonparty 2 company located in Gangseo-gu, Seoul as a number plate issuing agent after receiving an application from seven companies around 1987 after deliberation by the examination committee for the selection of delivery agent. At present, Nonparty 1’s supply area is 15 items, including Jongno-gu, and the supply area of Nonparty 2 is 10 items, including Yongsan-gu.

(2) The number of designated entities and number plate issuance fees for each Metropolitan City across the country including Seoul Special Metropolitan City are as listed below, and the number of designated entities that are delivery agents of Do are as follows. The number of designated entities that are delivery agents of Do has reached 18 companies in the case of Gangwon and Chungcheongnamnam respectively, and 23 companies in the case of Jeonnam and Chungcheongnambuk-do.

(3) The change in the demand for number plates from 2000 to 2004 of Seoul Special Metropolitan City shall be as follows:

(4) The issuance of a new number plate in Seoul Special Metropolitan City is made by the transportation civil petition office of an autonomous Gu.

A person shall be appointed.

In the case of re-issuance due to damage to the number plate and the registration of a commercial motor vehicle, the delivery of number plate is being made by the method of directly visiting the place of business of the delivery agent or by the method of the above public service center.

(5) The Ministry of Construction and Transportation revised a public announcement on the specifications, such as a motor vehicle registration number plate, etc. on October 31, 2005, pursuant to such theory, that designs of the national number plate are not cut down from January 2004. From November 1, 2006, the Ministry of Construction and Transportation designed to attach a number plate of 520m x 110m m m m x 110m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m.

(6) On the other hand, on January 27, 2004, the plaintiff filed a utility model registration with the Korean Intellectual Property Office as "motor vehicle number plate recognizable at night", and on December 2, 2004, "motor vehicle number plate assistant" respectively.

[Ground of recognition] Gap evidence Nos. 3, 9, 10, Eul evidence Nos. 4, the purport of the whole pleadings

D. Determination

(1) In full view of the provisions of Articles 10, 19, and 20 of the Automobile Management Act (hereinafter “Act”), and Article 7(1) and (2) of the Enforcement Rule of the Act, the manufacturing, delivery, and sealing of a motor vehicle registration number plate belongs to the affairs of the City/Do branch of the City/Do, and the Mayor/Do Governor may designate and act on behalf of the issuing agent of the motor vehicle registration number plate as the issuing agent of the motor vehicle registration number plate when processing or necessary. As regards the designated cases of the issuing agent of the number plate, taking into account the regional distribution of the issuing agent of the number plate and the convenience and demand of users, it is prescribed that the applicant may be designated as the issuing agent when he/she deems that the applicant is suitable as the issuing agent and the facilities prescribed by the Enforcement Rule are equipped.

In the beneficial administrative act designating a public service agent such as the issuance of a number plate, taking into account the public service purpose such as the qualitative degradation of the public service of issuing the number plate and the possibility of damage to civil petitioners, it is deemed that the competent authority of the competent authority of the articles of association grants the authority to jointly designate a number plate issuing agent in light of local circumstances. However, even if the above situation does not exist, the refusal of the designation of a new number plate issuing agent merely on the ground that there is no particular obstacle to the production, delivery, and sealing of the number plate, which practically limits the number of the issuing agent to the existing company or maintains the exclusive authority, thereby violating the purpose of the law or losing the validity of objective unity.

(2) First of all, regarding the part of the grounds for rejection cited by the Defendant, which determined that the inconvenience of the civil petitioner is not significant among the grounds for rejection cited by the Defendant, even though the number plate is to be delivered in most cases of new transportation civil petition offices of autonomous Gu, the number plate user needs to directly visit the workplace of the issuing agency in order to receive the number plate when registering a new and commercial motor vehicle due to damage, etc. to the number plate. In such a case, the number plate user is required to directly visit the workplace of the issuing agency in order to receive the number plate. In such a case, there are only two places of business of the issuing agency in Gangnam-gu Seoul Metropolitan Government, Cheongdo-dong and the Gangseo-gu Seoul Metropolitan Government, Seoul Metropolitan City, and other Dos whose number of the registered motor vehicles is less than the Seoul Metropolitan Government, and it is difficult to view that the above reasons for rejection is reasonable and reasonable in terms of the fact that there are more than 10 different companies, Busan, and Gwangju, two agencies in the case of delivery agencies of the number plate, and four companies in the case of Daegu, etc.

(3) Next, in light of the following: (a) the number of automobiles due to economic development for about 30 years since 1974 and the number market demand for the license plate has increased rapidly; (b) only two companies have been designated as delivery agents; (c) since 1987, new delivery agents have not been designated at all to restrict the entry of the license plate into the market; and (d) the exclusive status of delivery agents is maintained for the sake of protecting the number plate users; (b) the continuous increase in the number of automobiles owned by the Defendant and the demand for the license plate due to economic development is anticipated; (c) the introduction of the license plate for 10 years after 20 years after 20 years after 30 years after 1987 after 20 years after 20 years after 10 years after 20 years after 20 years after 30 years after 20 years after 20 years after 30 years after 20 years after 20 years after 20 years after 20 years after 30 years after 30 years after 10 years after 20 years after .

(4) In general, the Defendant uses the following facts: (a) in Seoul Special Metropolitan City, the number plate delivery fee of the service type is relatively low compared to any other Si/Do; (b) however, while a monopoly system of a service type continues for a long time, the closure of services such as the decline in the quality of the service and the increase in the fee, etc., it is natural to give maximum benefits to consumers ultimately by taking advantage of the competition between many enterprises; and (c) the issue such as the likelihood of starting the insolvency due to the deterioration of the profitability of the previous designated delivery agent, even though the quality of the service type is low, may be resolved through the choice of the number plate user or the management and supervision of the place of the delivery agent as prescribed in Article 21 of the Act, such as cancellation or suspension of business. Therefore, the reason for the lowest of the number plate delivery fee by simply comparing the Metropolitan City/Do with the number of car registrations, etc., is not a justifiable reason for refusing the instant application for designation.

As such, the defendant's assertion that the side effects that may arise from the introduction of the free competition system may be mitigated through the natural result of the free competition system, the strengthening of the requirements for designation of the delivery agent, and the management and supervision under the law, and that the harm that may arise when maintaining the monopoly and monopoly system is more serious and there is no way to control it, may result in the additional designation of the delivery agent against the public interest.

(5) In particular, as seen earlier, in Seoul Special Metropolitan City, certain companies designated as a license plate delivery agent have been continuously engaged in a monopoly business for 20 to 30 consecutive years and have been restricted to be newly engaged in other companies. This may not only go against the concept of fairness but also result in preventing the entry of new technologies related to license plate, which may be disadvantageous in terms of industrial development.

The designation of a license plate issuance agent of an administrative agency is an act of establishing a certain right to a specific person, and it is a discretionary act that the administrative agency determines whether to designate it in consideration of various circumstances such as applicant's eligibility, convenience of consumers, etc. The designation of a large number of delivery agents is desirable to prevent harm caused by excessive competition among the enterprises. However, even in the case of designating a small number of delivery agencies, it is necessary to consider the realization of other public interests such as equal opportunities being raised to the spirit of the Constitution in the area of public administration. Therefore, it is necessary to protect the right of the existing delivery agency's right to obtain the approval of the new company at the same time to devise a new method of allowing the new entry of the other company, and to realize another public interest such as equal opportunities (this method may be determined specifically by the existing law or municipal ordinance, but even if there is no such provision, it is also necessary to determine the new method for the use of the new method for the operation of the business during the designated period, i.e., the new method for the operation of the company.

Accordingly, the Defendant’s refusal to apply for the designation of a delivery agent on the ground of uncertainty that “if it is necessary to designate a delivery agent in the future due to changes in conditions, such as demand for number plates,” while continuously giving a specific company a status as a delivery agent for a period from 20 to 30 years as above, the Defendant did not expressly state a future additional designation plan for the delivery agent.”

It is difficult to do so.

(6) Ultimately, a motor vehicle registration number plate is used not only as a certificate of legality that the relevant motor vehicle satisfies the requirements for road operation, but also as a motor vehicle management object, and has the function as a recognition stand in the course of the motor vehicle control, and the designation of an agent for issuing such number plates also exists with a part that has a strong public nature for efficient management of the motor vehicle and a private business part of the manufacture and sale of number plates. Thus, even if it is recognized that it is necessary to restrict the introduction of a free competition system to achieve the above public purpose, it shall be operated within the minimum limit.

Therefore, the defendant's rejection of the application for the designation of the delivery agent of this case without reaching the above procedure merely for the reasons that lack objective grounds such as the disposition of this case for 20 to 30 years, since the judgment violates the purpose of the law, or lacks objective rationality and validity, it is unlawful as it deviates from and abused the scope of discretion, since it is against the purpose of the law, and it is against the law.

3. Conclusion

Therefore, the plaintiff's claim seeking the cancellation of the disposition of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Non-identical bonds

Related Acts and subordinate statutes

1. Automobile Management Act;

Article 10 (Registration Number Plate) (1) The Mayor/Do governor shall attach a registration number plate (hereinafter referred to as “registration number plate”) to the automobile registration number under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation: Provided, That in case where the owner of the automobile or the person applying for registration in lieu of the owner of the automobile pursuant to the main sentence of Article 8 (3) and the main sentence of Article 12 (2) intends to attach a registration number plate and put it under seal directly, he may have it directly under the conditions as prescribed by the Ordinance of

Article 19 (Delivery of Registration Number Plate, etc.) The method of manufacturing, delivering and sealing a registration number plate under Article 10 shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 20 (Designation, etc. of Delivery Agent of Registration Number Plate) (1) The Mayor/Do Governor may, if deemed necessary, designate a person who conducts the manufacture, delivery and seal of the registration number plate as prescribed in Article 19, under the conditions as prescribed by Ordinance of the Ministry of Construction and Transportation.

(2) Necessary matters concerning the standards for facilities, equipment, etc. to be equipped by a delivery agent of a registration number plate under paragraph (1) and the classification division shall be prescribed by the Ordinance of the Ministry of Construction and

(3) The provisions of Article 65 (1) shall apply mutatis mutandis to a delivery agent of a registration number plate as prescribed in paragraph (1).

2. Enforcement Rules of the Automobile Management Act;

Article 7 (Application, etc. for Designation) (1) A person who intends to be designated as a delivery agent of a registration number plate under Article 20 (1) of the Act (hereinafter referred to as "delivery agent of a registration number plate") shall submit an application for designation of a delivery agent of a registration number plate in attached Form 2 to the Mayor/Do Governor along with the following documents:

1. Location, outline of facilities and business plan of the place of business;

2. A document stating the name, resident registration number, permanent domicile and relationship with the head of family of the applicant (in cases of a corporation, referring to the representative director and executive officer);

(2) Where the Mayor/Do Governor deems that a person who has applied for the designation of a delivery agent of a registration number plate pursuant to the provisions of paragraph (1) conforms to the delivery agent of a registration number plate in consideration of regional distribution of the delivery agent of the registration number plate, convenience and demand of users, etc., he/she shall notify the applicant of such fact

1. Floor plan and facility specifications of the place of business;

2. Documents attesting that a right to use the site and office of the workplace has been granted.

(3) When the Mayor/Do Governor gives notice pursuant to the provisions of paragraph (2), he/she shall determine the period for securing facilities pursuant to the provisions of attached Table 2 within the extent of six months: Provided, That in extenuating circumstances, he/she may extend the period by up to three months for once.

(4) Where a person in receipt of notification under paragraph (2) has the facilities under the provisions of attached Table 2, the Mayor/Do Governor shall designate a registration number plate delivery agent after determining the starting date and place of business, and deliver a written designation of a registration number plate delivery agent in attached Form 3. The last date.