과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On October 22, 2012, the Plaintiff is running a taxi transport business by acquiring a general taxi transport business license from Jin-si Unemployment Co., Ltd. on October 22, 2012
On January 21, 1993, the defendant issued an order for business improvement (hereinafter referred to as the "order for business improvement") under Article 24 (1) 9 of the former Passenger Transport Service Act (amended by Act No. 8980, Mar. 20, 2008) as an order for public announcement No. 2008-567 on March 20, 2008, the defendant issued an order for business improvement (hereinafter referred to as the "order for business improvement"), such as prohibition of the management outside of the garage (the act of leaving the vehicle's transport employees not receiving the vehicle after the operation is completed) on the part of the company.
The Plaintiff was operating a garage in Geumcheon-gu Seoul, but the lessor demanded the transfer of the relevant garage on March 2013 and became unable to use the garage any longer, the Plaintiff started to use the space adjacent to the LPG charging station in the Hanam-si, Seoul, without securing the garage.
On May 20, 2013, the head of Gangdong-gu Seoul Metropolitan Government issued a first order for business improvement to the effect that the Plaintiff should report under Article 10 of the Passenger Transport Service Act (hereinafter “Act”) to change the garage without making it possible to change the garage, and at the same time, the head of Gangdong-gu Seoul Metropolitan Government imposed a penalty surcharge of KRW 1 million in accordance with Article 85(1)12 and Article 88(1) of the Act and Article 46(1) [Attachment Table 5] of the Enforcement Decree of the Act, and at the same time, the head of Gangdong-gu Seoul Metropolitan Government issued a first order for business improvement to the effect that he/she should secure and report the business plan reflecting the garage meeting the requirements prescribed by the Act
On the other hand, the defendant is a parking space by the plaintiff's vehicle charging station.