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

A. From January 23, 2017, the Plaintiff is a corporation running passenger transport business in Daegu-gun B, Daegu-gu.

B. On June 4, 2018, the Defendant issued a 90-day disposition to suspend the operation of 16 vehicles listed in the attached Table 3 pursuant to Articles 16 and 85 of the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”) and Article 43 [Attachment 3] of the Enforcement Decree of the same Act on the ground that the Plaintiff failed to resume his/her business even after the expiration of the period of suspension of passenger transport business (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1) 8 vehicles at issue after the expiration of the period of suspension are transferred from C(State), D(State), and E(State) to which the Plaintiff has completed the report under Article 14 of the Passenger Transport Act, and according to the notification of the acceptance of the transfer and acquisition, the procedure for the commencement of transport of the transferred vehicle shall be completed within 3 months. Thus, even in the resumption of the business for the above vehicles under suspension, it shall be deemed that the grace period of 3 months has to be granted. Therefore, there is no reason for the disposition that “it does not resume the business after the expiration of the period of suspension.” Thus, even if the instant disposition is recognized, there is no reason for the Plaintiff’s failure to resume the business. 2) Even if the grounds for the instant disposition are recognized, the Plaintiff was in violation of the laws and regulations due to minor errors or negligence, and there was little damage to the users since the period of commencement of transport after the expiration of the period of suspension, the vehicles whose suspension of operation had already been assigned to the members of the instant disposition, and there was no record that the Plaintiff had received any administrative disposition.