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(영문) 인천지방법원 2018.06.14 2018구합50295

개인택시운송사업면허취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff acquired the qualification to engage in taxi transportation business (hereinafter “cab driving license”) and operated private taxi transportation business after obtaining a private taxi transportation business license.

On September 2015, the Plaintiff was sentenced to a conviction of three years and six months of imprisonment for violation of Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Seoul High Court Decision 2016Da607) on March 21, 2017, the Plaintiff’s appeal by the Plaintiff was dismissed (Seoul High Court High Court Decision 2016Da3601 decided March 2017) and became final and conclusive on March 29, 2017, on March 21, 2017, on the following grounds: (a) the Plaintiff was found to have committed an indecent act by force against his/her husband and wife under 13 years of age at his/her home; (b) the Plaintiff’s appeal by the Plaintiff was dismissed (Seoul High Court 2016No3601 decided March 21, 2017).

On September 1, 2017, the Defendant issued a disposition to revoke the Plaintiff’s license for taxi driving pursuant to Article 87(1)3 of the Passenger Transport Service Act (hereinafter “instant disposition to revoke the Plaintiff’s license for taxi driving”) on the ground that the Plaintiff was sentenced to imprisonment for committing the foregoing crime, and issued a disposition to revoke the Plaintiff’s license for taxi driving business (hereinafter “instant disposition to revoke the Plaintiff’s license for taxi driving business”).

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The revocation of the instant taxi driver’s license and the revocation of the instant taxi driver’s license are stipulated in Article 87 of the Passenger Transport Act, which provides that where a person who acquired the instant taxi driver’s license was sentenced to imprisonment without prison labor or heavier punishment for committing sexual crimes under Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a