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(영문) 인천지방법원 2018.05.11 2017구합54566
개인택시운송사업면허취소처분취소
Text

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

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who operates a passenger taxi transport business after obtaining a taxi driver license and a private taxi transport business license.

B. On April 7, 2013, the Plaintiff was indicted of the charge stating that “The Plaintiff attempted to rape the victim (or 56 years of age) in Pyeongtaek-gu, Gyeonggi-do, and thereby inflicted injury on the victim.” On October 2, 2013, the Plaintiff was sentenced to a three-year suspended sentence on the grounds of the crime of injury resulting from rape, and the said judgment was finalized on October 11, 2013.

(In Incheon District Court 2013Gohap369, hereinafter “instant criminal judgment”). C.

On September 13, 2017, the Defendant rendered a disposition to revoke the qualification of taxi drivers (hereinafter “instant disposition to revoke the qualification”) pursuant to Articles 87 and 24 of the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”) on the ground that the Plaintiff was subject to the instant criminal judgment.

The Plaintiff filed a claim with the Incheon Metropolitan City Administrative Appeals Commission for the revocation of the instant revocation of qualification, but the said claim was dismissed on October 30, 2017.

E. On November 7, 2017, the Defendant issued a disposition to revoke the Plaintiff’s license for passenger taxi transport business pursuant to Article 85(1)37 of the Passenger Transport Act and Article 41(1) of the Enforcement Decree of the Passenger Transport Act (hereinafter “instant disposition to revoke the license”), on the ground that the Plaintiff’s license for taxi transport business was revoked. In addition to the instant disposition to revoke the qualification, the Defendant issued a disposition to revoke the license.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8 (including branch numbers), the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion is that the defendant, who was sentenced to imprisonment without prison labor or heavier punishment for committing a crime under each subparagraph of Article 2 (1) of the Act on the Punishment of Specific Crimes (hereinafter "Specific violent Crimes Act"), shall be a maximum of 20 years from the date on which the execution of

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