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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. From November 2015, the Plaintiff has been engaged in taxi driving service by acquiring the qualification to engage in passenger transport service under Article 24 of the former Passenger Transport Service Act (amended by Act No. 14949, Oct. 24, 2017; hereinafter “former Passenger Transport Service Act”).
B. Meanwhile, the Plaintiff served as the head of the police assigned for special guard in Yangyang-si, B before engaging in the foregoing duties. From November 2, 2013 to June 30, 2014, the Plaintiff was indicted under the Changwon District Court 2016Ra1,27 (merger) due to the suspicion of indecent act by force by force against security guards by force, and was sentenced to a suspended sentence of one year by imprisonment with labor for the said court on October 27, 2016.
Although the Plaintiff appealed from this, the appeal (Seoul District Court 2016No2990) was dismissed, and the first trial decision was finalized on May 5, 2017,
hereinafter referred to as "related judgment"
(c) Upon the final and conclusive judgment, the Defendant sent a notice of revocation of the transport employee qualification to the Plaintiff on June 2, 2017, and the reason for disposition is as follows: Article 24(4)1b of the Passenger Transport Service Act.
Title, Details of Disposition: Revocation of the Status of Transport Employees and Basic Acts and subordinate statutes: Article 8(1)3 of the Passenger Transport Service Act (hereinafter referred to as “instant Disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4 (each entry, including virtual number), the purport of the whole pleadings
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. The plaintiff's assertion and judgment
A. Article 24(4)1 of the former Passenger Transport Act provides for a case where the Plaintiff’s allegation 1’s application of law was sentenced to “actual punishment”, and Article 24(4)2 of the former Passenger Transport Act provides for a case where the Plaintiff was sentenced to suspended execution.
However, since the plaintiff was sentenced to a suspended sentence in the relevant judgment, Article 24 (4) 2 of the former Passenger Transport Act applies. However, the defendant applies Article 24 (4) 1 (b) of the former Passenger Transport Act.