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(영문) 광주고등법원 (전주) 2018.03.26 2017누1723
여객자동차운송사업 등록취소처분 취소청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment by this court, which cited the judgment of the court of first instance, is that “No. 5, 2016.10” in the second and seventh conduct of the judgment of the court of first instance “No. 5, 2016. 5,” and “C,” in the fourth and second conduct.

Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are as follows. Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act are as follows: “No. 28 and 31” of the 5th 13th 13 ; “Evidence No. 28 and 31 of the A” shall be deemed as “Evidence No. 16-2, A. 28 and 32 of the 16th 5th 5th 13.

2. Additional determination

A. Determination on the assertion that the Enforcement Decree of the Passenger Transport Act is illegal

2. Individual standards: (a)

13. The former Passenger Transport Act provides that a car rental business operator shall revoke his/her business registration without step-by-stage procedural regulations even if he/she violates the prohibition against the use of his/her name. This provision provides that where he/she violates the prohibition against the use of his/her name, he/she may revoke his/her business registration, suspend his/her business, or order the modification of his/her business plan accompanied by the suspension of business or the reduction of his/her number of vehicles, etc., or that he/she shall suspend part of his/her business when the first violation is committed

2. Individual standards: (a)

Article 43(1) [Attachment 3] of the Enforcement Decree of the Passenger Transport Act because it violates the principle of equity in comparison with B.I.D.

2. Individual standards: (a)

13. The instant disposition based on this case is unlawful.

2. Article 85 (1) 13 of the former Passenger Transport Act provides that where a car rental business entity violates prohibition against the use of name under Article 12 applied mutatis mutandis pursuant to Article 35, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may order the modification of a business plan accompanied by the cancellation of registration, etc., suspension of business in whole or in part for not more than six months, the closure of routes or reduction of automobiles, etc., and

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