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(영문) 대전지방법원 2015.02.04 2014구합2890
개인택시운송사업면허제외처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On January 17, 2014, the Defendant publicly announced the recruitment of persons eligible to issue new taxi transportation business licenses in the Asia-si as follows.

1. Type of license: Private taxi transportation business;

2. Number of licenses: 21 units (18 units for taxi, two units for urban bus, and one unit for other business: 1 unit).

3. License method: A license based on the order of priority to issue a license for self-employed taxi transportation business among those who have no grounds for disqualification.

4. Basic requirements for licenses;

(a) A person who has no ground for disqualification under Article 6 of the Passenger Transport Service Act (hereinafter referred to as the “passenger Transport Service Act”) and other relevant Acts and subordinate statutes;

(b) A person who has been residing in ASEAN for at least two consecutive years counting from the date of public announcement of an application for a license;

(c) A person who has obtained a taxi driver's license as of the receipt date of application;

D. Requirements under Article 19 of the Enforcement Rule of the Passenger Transport Service Act (hereinafter “Enforcement Rule of the Passenger Transport Service Act”).

(b)

The Plaintiff was admitted to the Gun on June 15, 1976 and passed the license examination on March 7, 1978, and was granted a license from the head of the 3th field transportation education center, and thereafter, was discharged from active service on January 31, 2010.

After discharge, the Plaintiff was engaged in driving of a commercial truck for about two years and seven months in total from January 11, 201 to November 23, 2011, and from July 31, 2012 to January 17, 2014.

C. On February 7, 2014, the Plaintiff applied for a personal taxi transportation business license to the Defendant.

At the time, 58 persons including the Plaintiff (46 taxi workers, 8 urban bus workers, and 4 other employees engaged in private taxi transport business) applied for a new license for private taxi transport business. The Defendant examined the career of applicants for a license, and published a new license for a private taxi transport business in 2014 on March 24, 2014, and the Plaintiff was excluded from the above publication.

E. Accordingly, the Plaintiff on March 26, 2014 to the Defendant.

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