(영문) 의정부지방법원 2015.8.25.선고 2014구합767 판결

On October 25, 2013, the Defendant’s disposition of excluding the license for private taxi transport business against the Plaintiff is subject to the disposition.

Reasons

1. Details of the disposition;

가 . 원고는 1990 . 9 . 1 . 부터 2003 . 3 . 27 . 까지 서울 노원구 ○○동 XXX - X 소재 △ △운수 주식회사 ( 상호 및 사무소가 변경되어 현재는 서울 중랑구 용마산로117길 29 소 재 □□교통 주식회사가 되었다 , 이하 ' □□교통 ' 이라 한다 ) 에서 근무하였고 , 2003 . 5 . 1 . 부터 현재까지 고양시 덕양구 ○○로XXXX번길 XXX 소재 기업 주식회사 ( 이하 ' 기업 ' 이라 한다 ) 에서 근무해왔다 .

B. On May 31, 2013, the Defendant published a recruitment notice of a person eligible for a new license for private taxi transport business in Goyang-si in 2013, and the main contents thereof are as follows.

A person shall be appointed.

C. On June 26, 2013, the Plaintiff submitted all documents, including a detailed statement of monthly working days, to the Defendant regarding the details of his/her service in the company when applying for a personal taxi transport business license. However, the Plaintiff failed to submit a detailed statement of monthly working days for each year with respect to the details of his/her service in the △ Transport on the grounds that the △ Transport destroyed all the materials prior to 2008 and the Plaintiff did not remain in the attendance book, the place of his/her service, etc.

D. Accordingly, the defendant can verify whether the plaintiff was actually engaged in driving for that period of time, whether the plaintiff was actually engaged in driving for that period, and the period of monthly working for the driving of the motor vehicle. Since the plaintiff did not submit a detailed statement of the number of monthly working days for the period of service in △ Transportation, the plaintiff's driving experience for the period of service in △ Transportation cannot be recognized. The plaintiff recognized only January 1 of 10, which can be confirmed as the plaintiff's driving experience for the period of ten years during which the plaintiff was employed for driving in the company, and recognized the plaintiff's non-accidentless driving experience as the plaintiff's driving experience for the non-accidentless driving of the driver's transport business (the 63 applicants for the driver's license for the non-accidented taxi transport business, 19th among the 63 applicants for the non-accidented taxi transport business), and publicly announced the list of the non-exclusive taxi drivers of this case on October 25, 2013.

E. On December 10, 2013, the Plaintiff filed an administrative appeal against the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s claim on February 19, 2014.

[Grounds for Recognition] Each entry in Gap evidence Nos. 1 through 19 (including numbers for each type) and the purport of the whole theory

2. Related Acts and subordinate statutes;

Attached Form 3 is as described in the "Related Acts and subordinate statutes".

3. Parties’ assertion

A. The plaintiff's assertion

According to Article 23(2)1 of the Regulations on Business Affairs of License for Private Taxi Transport Business, if the driving period is less than 50/100 as of the number of days of the month during which he/she has been engaged in driving duties, the Plaintiff’s personal transport work experience shall be calculated as one month. According to the evidence submitted by the Plaintiff (a certificate of income, a police station’s certificate of driving experience, national pension and national health insurance premium, Korean upper leap, Kim Tae-sung, and a written statement of on-site, which are four years from September 1, 1990 to March 27, 2003, the Plaintiff’s personal transport work experience of not less than 50/10 per month from 4 months during which he/she has been engaged in driving duties, and the Plaintiff’s personal transport work experience of not more than 10/100 per month from 14 months after December 8, 198. Therefore, the Plaintiff’s personal transport work experience of not more than 1 year from 3 months and 4 months from 19 months.

B. The defendant's assertion

The Plaintiff did not submit a detailed statement of monthly working days during the period of his/her personal taxi transport business when filing an application for a license, and did not provide any data to verify the actual working days. Accordingly, the Defendant could not recognize the Plaintiff’s driver’s experience in the Plaintiff’s vehicle transport, and the instant disposition is lawful. Furthermore, even if the Plaintiff’s driver’s experience in the Plaintiff’s vehicle transport during the instant lawsuit process is acknowledged based on the evidence submitted by the Plaintiff, the materials that were not submitted at the time of the instant disposition cannot be considered as the material to determine the Plaintiff’s driver’s experience in the △ Transport.

4. Determination:

(a) The method for calculating driving careers;

According to Article 23 (2) 1 of the Regulations on Handling Affairs of License for Private Taxi Transport Business, the driving experience shall be calculated as one month if the period of absence is less than 50/100, such as absence from work, leave of absence, cancellation or suspension of driver's license, and the period of absence from work during the period of his/her work is less than 50/100, and the driving experience shall be calculated as one month if the period of absence from work is less than 50/100, but if the period of absence, etc. is more than 50/100, the number of days of work shall be recognized as driving experience, and the calculation of the number of days of work of the month which is not recognized as one month shall be calculated as 30/10 month.

B. Whether the plaintiff's driver's career was recognized in the △ Traffic

The "working experience" referred to in Article 19 of the Enforcement Rule of the Passenger Transport Service Act and "the Regulations on the Business Affairs of License for Private Taxi Transport Business" established by local governments based on the same constitutes the requirements for issuing a license for private taxi transport business, which is a beneficial administrative act. Therefore, the driver who is the other party to the administrative act bears the burden of proof of the fact. A license for private taxi transport business is issued only to the applicants under the order within the scope among multiple applicants who meet the requirements necessary for the issuance of the license within the limited number of licenses. Thus, the certification of driving experience, which is the basic requirement, shall be based on objective and reasonable evidence equivalent to the documents prescribed in the above Business Affairs Handling Regulations.

However, Article 27(1) of the Regulations on the Handling of Business Affairs of License for Private Taxi Transport Business in Gyeyang-si provides that the certificate of business automatic driving experience shall be issued on a clear basis, such as employment, promotion, transfer, education, etc., personnel-related documents such as salary payment, work-related documents such as education, day-to-day log, Gap's duty completion certificate, employment-related documents, etc. (hereinafter referred to as "personnel-related documents, etc.") kept in the cooperative. Thus, in order for the plaintiff to prove his/her driving experience in the Pacific Transport, it shall be based on objective and reasonable evidence equivalent to the above personnel-related documents, etc., and if the plaintiff fails to submit such evidence, the defendant cannot recognize the plaintiff's driving experience due to the nature of the requirements for issuing license for private taxi transport business as above.

The plaintiff's personal records from Gap 16 to 19, 23, 27 (including number 1) and the fact-finding with respect to the transportation of △△△ in the above 2-year period from December 9, 198 to March 27, 200. However, the plaintiff's personal records from Gap 16 to 19 (the certificate of income, the certificate of national pension payment, the certificate of qualification for health insurance, and the certificate of long-term care insurance payment) are written in the above 2-year personal records from 0-year personal records and 3-year personal records from 10-year personal transportation, and it is difficult to recognize that the plaintiff's personal records from 2-year personal records and 3-year personal records from 190 to 3-year personal records of △△ in the above 2-year personal transportation, and the plaintiff's personal records are written in the 2-year personal records from 3-year personal records and are written in the 2-year personal records.

In light of the fact that there is no objective and reasonable evidence to acknowledge the driving ability in the Pacific Transport, which is the 11th and April 10th of the year in which the driving career in the enterprise was 10 years, and the 14th and April 27th of the year in which the driver had passed the accidentless driving career (the 14th and January 27th of the 14th, which is the 14th and the 14th) as otherwise asserted by the Plaintiff, it is difficult to view that the driving career in the △ Transportation was proved by objective and rational evidence to the

Therefore, the instant disposition based on the foregoing premise is lawful.

5. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Park Nam-cheon, Counsel for the defendant

Judges Kim Yoon-hee

Judges Kim Young-soo

Site of separate sheet

Related Acts and subordinate statutes

Enforcement Regulations of Passenger Transport Service Act

Article 19 (Criteria, etc. for License of Private Taxi Transportation Business)

(6) In addition to the licensing standards for private taxi transportation business under paragraph (1), the competent authority may separately determine the licensing standards including the following matters, taking into account the circumstances of the region:

1. Period of residing in the relevant area within two years before the date of public announcement of application for a license;

2. Requirements for license issuance or order of priority;

3. Other matters deemed especially necessary by the competent authorities.

Regulations on Administrative Affairs of License for Private cab Transport Business in Goyang-si

Article 23 (Calculation of Driving Experience) (1) The calculation standards for driving experience without accidents shall be based on the calendar from the date of public announcement of application for a license.

(2) The calculation of driving experience shall be the period during which a person has been engaged in normal driving practice in accordance with the rules of employment, agreement, etc. of the company: Provided, That matters concerning absence from office, leave of absence, cancellation and suspension of driver's license, and the period of continuous service, etc. while engaged in combined work for labor coordination shall be as follows:

1. On the basis of the number of days of absence from office, leave of absence, or other period of absence, if the number of days of the month is less than 50/100/100, driving experience shall be calculated as one month. However, if 50/100 or more, only the number of days of service shall be recognized as driving experience and the calculation of the number of days of service of the month which is not recognized as one month shall be calculated as 30 days per month;

19. The period of office held by a driver who does not actually engage in driving but in other occupations such as company management positions shall be excluded from driving experience and shall be considered to have retired from the same company from the date of his/her other occupation (recognition of the absence of continuous service in the same company);

Article 27 (Reasons for Issuance) (1) The certificate of driving experience of a commercial vehicle shall be issued on a clear basis, such as recruitment, promotion of a salary, transfer, education, etc., personnel-related documents such as salary payment, wage payment, work-related documents, the dispatch log, the dispatch log, the Gap's tax payment certificate, the employment-related documents kept in the union, etc. In addition, if the certificate of driving experience of the commercial vehicle is issued without complying with objective and reliable employment documents, it shall not be recognized as driving experience. Finally, the certificate is not acceptable.

참조조문

-여객자동차 운수사업법 시행규칙

-여객자동차 운수사업법 시행규칙 제19조

유사 판례

-대법원 2016. 12. 29. 선고 2016두38914 판결

-대법원 2016.12.29 2016두38914

-수원지방법원 2015.09.25 2015구단31354

-서울고등법원 2016.01.26 2015누62080

-인천지방법원 2015.04.16 2014구합2434