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(영문) 울산지방법원 2018.07.12 2018구합5769
사업일부정지처분 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. On April 24, 2017, the Plaintiff concluded a wage agreement with its employees in 2017.

As to the method of gas supply, the above wage agreement included annexed agreements with the following contents (hereinafter “instant wage agreement”).

1. The Company shall provide transport employees with a method of gas supply in a tampet.

2. Gas diskettes shall be issued 22 copies from the commencement date of each month;

3. The portion to be issued on the day of gas diskettes shall be used only on the day, and the tickets shall not be used on the day after the effective date; and

4. In the event of absence from office, etc. and failure to reach 22 days during which absence from office is recognized, gas diskettes shall be re-issued for the number of days during which absence from office is recognized, and they shall be appropriated from the taxi commission;

5. On the last day of each month, when it is confirmed that a company has performed duties even once checking tycometer, card settlement machines, etc. at the time of filling without gas after working on board, and at the first day of the following month, it shall be reimbursed for one day on the average of the total amount used per month.

6. No civil or criminal objection is raised in relation to the provision of gas from October 1, 2016 to April 30, 2017, which is the time of the labor-management agreement by the Plaintiff from the enforcement date of the Act on the Development of Taxi Transportation Business.

B. On May 2017, the Plaintiff was imposed an administrative fine of KRW 5 million on the ground that he/she violated Article 12(1)2 of the Act on the Development of Taxi Transportation Business (hereinafter “the taxi development Act”) by the head of the Nam-gu Seoul Metropolitan Government (hereinafter “the taxi development Act”).

The contents of the instant provision are as follows.

Article 12 (Prohibition, etc. on Transfer of Transportation Expenses) (1) No taxi transportation business entity in a service area prescribed by Presidential Decree shall charge any of the following expenses to taxi drivers among the expenses incurred in purchasing and operating a taxi:

2. Oil expenses;

C. On March 20, 2018, the Defendant, on the ground that the Plaintiff violated the instant provision again, as to the 4-si (A, B, C, and D) of the Plaintiff.

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