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(영문) 서울행정법원 2018.10.11 2018구합2407
경고처분 취소
Text

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. The Plaintiff is a corporation established for the purpose of running cargo, passenger transport service, etc.

B. From September 1, 2017 to September 30, 2017, the Defendant collected oil expenses for the oil supply to transport employees by generating a difference of KRW 2,00 won between the standard transport earnings of LFrocketing and the standard transport earnings of YFrocketing as indicated in the following table (hereinafter “instant ground for Disposition 1”); and for the same period, the Defendant collected the oil expenses for the oil supply for the additional use of the oil for the volume determined as 30-liter after the morning and 30-liter after the morning, and transferred the oil expenses to transport employees.

(hereinafter referred to as “instant Disposition 2”) issued a warning to the Plaintiff on December 6, 2017 pursuant to Articles 12(1) and 18(1)1 of the Act on the Development of Taxi Transportation Business (hereinafter “the instant provision”) and Article 21 [Attachment 2] of the Enforcement Decree of the Act on the Development of Taxi Transportation Business (hereinafter “Enforcement Decree of the taxi Development Act”), and Article 21 and [Attachment 2] of the Enforcement Decree of the Act on the Development of Taxi Transportation Business.

(hereinafter “Disposition”). On September 7, 2017, the difference between the base transport earnings (wons) on the date of registration of vehicle type at the end, the fact that there is no dispute over the YF Y YF Y Y Y Y YF Y Y 123,000 on September 123, 2014, September 123, 2014, the fact that there is no dispute over the ground for recognition, evidence A 1 through 3, evidence B 1, and the purport of the whole pleadings, and the purport of the pleading as a whole.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is unlawful for the following reasons.

1) With respect to the ground for Disposition No. 1 of this case, it is merely limited to the amount of base transport earnings of No. YF YFL discounted at KRW 2,00, and the standard transport earnings are determined through negotiations between labor and management. 2) In relation to the ground for Disposition No. 2 of this case, the Plaintiff returned oil costs when using oil less than the standard oil payment quantity, and determined the standard use quantity through autonomous consultation between labor and management.

(b) as shown in the attached Form of the relevant statutes;

(c).

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