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(영문) 서울행정법원 2019.04.04 2018구합60670
사업일부정지처분취소
Text

1. The Defendant’s disposition of partial suspension of business on April 10, 2018 against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that runs the taxi transport business in the business area in Seoul Special Metropolitan City, and the Defendant is an institution delegated by the Minister of Land, Infrastructure and Transport with the authority to revoke or suspend taxi transport business licenses, to collect administrative fines, etc. pursuant to Article 20(1) of the Act on the Development of Taxi Transportation Business (hereinafter “si Development Act”) and Article 23

B. On August 11, 2017, the Defendant issued a warning pursuant to Articles 12(1) and 18 of the Taxi Development Act on the ground that the Plaintiff violated the duty to prohibit the transfer of transport costs by transferring the purchase cost of taxi drivers to them.

C. On November 2017, the Defendant discovered that the Plaintiff had different transportation revenues from BYF small vehicles (hereinafter “instant ordinary vehicles”) and CF small vehicles (hereinafter “new vehicles”) as shown below [Attachment 1], and that the amount of oil provided per day is 30 L, and the Defendant had the taxi drivers bear the expenses for the additional use as listed below [Attachment 2].

[Attachment 1] On November 2017, the difference in the standard transport earnings of the instant ordinary vehicle between the fixed period of 134,000 won and 4,000 won per 138,00 won per new vehicle of 130,000 won per 138,00 won per day (=a x 30 L per day) used volume exceeding the used volume (= d x 924 won per 1 L) (= 780 L/ 850 L/ 750.124, 794 won per 24 days of the instant ordinary vehicle of this case) / [2] 720 L/ 856,428L/ 126,059 won per day)

D. On March 20, 2018, the Defendant: (a) against the Plaintiff on March 20, 2018, on the ground that “the Plaintiff violated the obligation not to pay the transport cost on or around November 2017 with respect to the instant ordinary vehicles and new vehicles (the instant ordinary vehicles are the day before the purchase cost of the taxi and the day before the purchase cost of the instant new vehicles)”; and (b) double the number of the non-compliant vehicles in accordance with Articles 12(1), 18, and 23 of the Taxi Development Act; and Articles 21, 25 [Attachment Table 2] and 3 [Attachment Table 3] of the Enforcement Decree of the Taxi Development Act.

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