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(영문) 서울행정법원 2017.02.09 2016구합57632

과징금부과처분취소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs are running private taxi transport business in Seoul.

B. On July 24, 2014, the Mayor of Seoul Special Metropolitan City publicly announced an improvement order, including the following matters, pursuant to Article 23(1)9 of the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”).

(B) Of them, the following parts related to the installation of a card settlement machine shall be referred to as the “instant improvement order.” When violating the provisions related to the installation in the old section, the subject of disposal and the subject of installation of the detailed taxi card settlement machine and the subject of installation of location: A taxi transport business entity shall install a card settlement terminal for the payment of taxi charges.

The location of a card terminal shall be installed as follows for the convenience of taxi passengers - The equipment body capable of recognizing the magic card shall be between the left side of the steering line and the steering line): Provided, That where the air bags are installed in the steering line, the equipment body shall be installed in the center page - The card terminal installed on the IC card recognition terminal (D-type card box) shall be able to use both the prepaid settlement and the post-payment card, and if it is not operated normally, the operation shall be suspended and the operation shall be commenced after maintenance.

위반시 조치 여긱자동차운수사업법 제23조 적용 동법 시행령 [별표3] 위반내용 제54호에 의한 사업일부정지 또는 동법 시행령 [별표5] 위반내용 제40호에 의한 과징금 처분 법 제23조 운송사업자 -과징금 120만원 또는 -사업일부정지 1차:20일 2차:40일 3차:60일

C. The Plaintiffs are public officials belonging to Seoul Special Metropolitan City, while operating a taxi without installing a par-type card box on the container settlement room located between the driving seat and the chief of the steering unit by replacing a separate card settlement terminal installed at the beginning of early 2015 with a single card settlement terminal.