1. The plaintiff's claim is dismissed.

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

Details of the disposition

A. The Plaintiff obtained a driver’s license for private taxi transport business and operated his/her business using a vehicle number B Nata-si.

B. The Plaintiff was indicted for a violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) on the ground that “the Plaintiff, who driven the 7-year-old taxi and driven a bicycle, escaped without taking proper measures to cure the victim for two weeks,” and was sentenced to a suspended sentence of one year at the Daejeon District Court on September 19, 2012 (Supreme Court Decision 201Da2118), and the said judgment became final and conclusive around that time.

C. On July 17, 2013, the Defendant revoked the Plaintiff’s personal taxi driving license during the period of suspension of the execution of imprisonment under the aforementioned conviction based on relevant provisions, such as Article 87(1)3 of the former Passenger Transport Service Act (amended by Act No. 12377, Jan. 28, 2014; hereinafter “Transportation Service Act”).

Although the plaintiff filed a lawsuit seeking the revocation of the revocation disposition in this court, it was dismissed on December 11, 2013 (Seoul District Court Decision 2013Guhap2497), the above judgment became final and conclusive around that time.

On December 13, 2013, the Defendant revoked the Plaintiff’s license for private taxi transport business by applying Article 85(1)37 of the Passenger Transport Service Act to the Plaintiff on the ground that “the Plaintiff’s license for private taxi transport was revoked.”

(2) Article 85(1)37 of the Plaintiff’s Transport Business Act provides that “If the qualification for taxi driver is revoked, the license, permission, authorization, or registration of the transport service provider may be revoked, or all or part of the business may be suspended for a fixed period not exceeding six months.” Thus, the Plaintiff’s qualification for taxi driver may be determined.