Whether an administrative agency can order the removal of radio equipment on the ground that it constitutes illegal attachment pursuant to the Automobile Transport Business Act, etc. even if radio equipment has been installed in an individual taxi with the permission for legitimate radio station of the Radio Waves Act (affirmative)

Since the Radio Waves Act and the Motor Vehicle Transport Business Act differ from the subject of regulation, the administrative agency can order the removal of the radio facilities by deeming them as illegal objects in accordance with the Motor Vehicle Transport Business Act, even if the radio facilities are installed in a private taxi after legally obtaining permission for radio station in accordance with the Radio Waves Act.

Article 11 of the Radio Waves Act; Article 24(1) and (4) of the Automobile Transport Business Act; Article 69(1) of the Enforcement Decree of the Automobile Transport Business Act; Article 9(1) of the Enforcement Decree of the Automobile Transport Business Act

Plaintiff (Law Firm Woo, Attorneys Park Woo-soo et al., Counsel for the plaintiff-appellant)

The head of Gwangju Metropolitan City North Korea;

Gwangju High Court Decision 97Gu2343 delivered on November 21, 1997

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal (to the extent of supplement in case of supplemental appellate brief not timely filed) are examined as follows.

Since the Radio Waves Act and the Motor Vehicle Transport Business Act differ from the subject of regulation, even if radio facilities are installed in a private taxi after legally obtaining permission for radio station in accordance with the Radio Waves Act, the administrative authorities should consider the radio facilities as illegal objects and order the removal thereof in accordance with the Motor Vehicle Transport Business Act.

According to the reasoning of the judgment below, the court below found, based on evidence, that the plaintiff installed without electricity with a radio station license from March 31, 1995 to December 31, 1999 under the condition that the plaintiff install without electricity to an individual taxi (vehicle number omitted) pursuant to Article 11 of the Radio Waves Act from the previous application site on February 12, 1996, on condition that the plaintiff installed without electricity to an individual taxi (vehicle number omitted). The order for removal of illegal attachment in the taxi on September 3, 1996 of the Gwangju Metropolitan City Mayor was issued on the ground of Article 24(1) and (4) and Article 69(1) of the Automobile Transport Business Act and Article 9(1) of the Enforcement Decree of the same Act, and the plaintiff's act constitutes a violation of the order under [Attachment 1] of the Enforcement Decree of the same Act for safe transport, although the plaintiff legally obtained a radio station license under the Radio Waves Act, the court below did not err in the misapprehension of legal principles as to the defendant's violation of this case.

The appeal disputing this point is without merit.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Seo Sung-sung (Presiding Justice)