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(영문) 서울행정법원 2016.12.01 2016구합5853
운수과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff is a person who is engaged in private taxi transportation business after acquiring a private taxi vehicle B on November 20, 2000.

The plaintiff's taxi is a vehicle organized under "D 2-4" of the "non-individual taxi system" in which Seoul Special Metropolitan City is in force, and the day of every week's demand, Sundays and every month, and the second day of every month.

Second, at around 23:00 on November 13, 2015, the Plaintiff: (a) laid passengers on a taxi and operated the taxi in the direction of a new path from the Young-gu War Prisoners of War.

Accordingly, on January 12, 2016, the Defendant imposed a penalty surcharge of KRW 600,000 on the Plaintiff on the ground of a violation of the father system of private taxi.

(2) The Plaintiff asserted that the disposition of this case in this case is legitimate for the following reasons, and thus, the disposition of this case in this case should be revoked as it is unlawful: (a) there is no dispute; (b) Gap evidence 1; and (c) Eul evidence 6; and (c) the purport of the whole argument.

The plaintiff, on November 13, 2015, operated a taxi with the knowledge of November 13, 2015 on the working day. This is derived from the fact that the administrative agency in charge of the affairs related to the affairs related to the affairs related to the affairs related to the affairs related to the affairs related to the private taxi did not give sufficient guidance on accurate holidays. Therefore, the plaintiff should be deemed to have a justifiable reason not to

In light of the fact that the Plaintiff was engaged in taxi business in good faith for 16 years and is a passenger transport business entity with public interest in livelihood, and that the Plaintiff was an old citizen in 1948, the instant disposition was excessively harsh to the Plaintiff and abused discretion.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 23 (1) 9 of the relevant regulations of the Passenger Transport Service Act provides that the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may order a transport business entity to take necessary measures to ensure safe transportation and improve services, if deemed necessary for the smooth transportation of passengers and improvement of services.

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