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(영문) 서울행정법원 2017.05.11 2017구합138
운수과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a private taxi transport business entity that operates private taxi B.

B. On September 30, 2016, the Defendant imposed a traffic penalty surcharge of KRW 200,000 on the Plaintiff on the ground that the Plaintiff, on August 31, 2016, stopped B taxi that the Plaintiff driven within 10 meters from the stopping place in the Seodaemun-gu Seoul Cultural Park and caused disturbance in the stop order.

C. On December 12, 2016, the Seoul Special Metropolitan City Administrative Appeals Commission rendered a ruling to change the imposition of a transportation penalty of KRW 100,000 to the imposition of a transportation penalty surcharge by reducing the above imposition disposition.

(hereinafter referred to as the "disposition of this case"). 【Disposition of 100,000 won for the above transportation penalty surcharge shall be imposed / [based on recognition] without dispute, Gap evidence No. 1, Eul evidence No. 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. Determination 1) The former Passenger Transport Service Act (amended by Act No. 14716, Mar. 21, 2017; hereinafter “former Passenger Transport Act”)

Article 21(10) of the Enforcement Rule of the Passenger Transport Service Act and Article 44(3) [Attachment 4] of the Enforcement Rule of the Passenger Transport Service Act provide that transport employees shall faithfully observe the obligations of transport business operators, and that they shall not disturb the order when parking or stopping at a stopping place.” In addition, Articles 85(1)21, 88(1), and 75 of the former Passenger Transport Service Act, and Article 46(1) [Attachment 5] of the Enforcement Decree of the Passenger Transport Service Act may be subject to a disposition suspending all or part of a business for a fixed period not exceeding six months, and on behalf of the former Passenger Transport Service Act, the Minister of Land, Infrastructure and Transport may take a disposition suspending the order of parking or stopping at a stopping.

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