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(영문) 서울고등법원 2014.10.31 2014누51182
시정명령등취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status and the general status of the Plaintiff constitutes an organization established on January 1, 2008, as an organization established on January 1, 2008, for the purpose of “to ensure market order and to prevent excessive competition” among the enterprisers engaged in the business of providing information on vicarious driving in Daegu or those engaged in the business of providing information on vicarious driving, and the enterprisers engaged in the business of providing information on vicarious driving in Daegu.

The plaintiff is composed of the Daegu Citizens' Commission and the Sejong Citizens' Commission, which is a representative driving company in Daegu and the business association composed of representative driving companies, the Daegu Citizens' Commission and the Sejong Citizens' Commission, and the management of the proxy driving program used by proxy driving companies belonging to the Civil Union Council.

B. The market structure and the fact-finding business are the form of direct operation of the business directly employing a substitute driver as an employee according to the relationship with the substitute driver (the method of direct operation). The method of direct operation is the form of business in the business of the substitute driver industry, which is the payment of wages, such as daily allowances, to the substitute driver as employee in return for the customer’s request (hereinafter “col”).

If a substitute driver notifies a substitute driver of the details of call information (personal telephone number, departure point, destination point, charge, and call fee) after the call is received by the substitute driver, and the substitute driver carries out call, the substitute driver will pay a call fee (not less than 20 to 25% of the substitute driver fee) to the substitute driver in return for the call from the customer.

shall be classified as follows.

The substitute drivers in the Daegu metropolitan area shall use the agency driving program, such as the "Intea", the "Cata", and the "Sax".

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