logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.10.16 2019구합1500
사업일부정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a taxi transportation business entity under the Passenger Transport Service Act (hereinafter referred to as the "passenger Transport Service Act").

Article 16(1)1 of the Act on the Development of Taxi Transportation Business (hereinafter “the Act on the Development of Taxi Development”) was prohibited on 22 occasions in total from November 11, 2016 to November 11, 2018 for taxi drivers employed by the Plaintiff (hereinafter “instant violation period”) and was subject to an administrative disposition under the Act on the Development of Taxi Development (hereinafter “the Act on the Development of Taxi Development”) by providing “the act of refusing passengers or allowing passengers to board or alight passengers on board without justifiable grounds.”

On February 14, 2019, the Defendant, upon prior notice, issued a disposition of partial suspension of business (hereinafter “instant disposition”) against the Plaintiff on 34 occasions, which is 17 multiples of non-compliant vehicles, in accordance with Article 18(1) and (2) of the Taxi Development Act and Article 21 subparag. 3 [Attachment 2] of the Enforcement Decree of the taxi Development Act (hereinafter “instant disposition disposition standards”).

[Reasons for Recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to facts without dispute, Gap’s evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the entire pleadings was legitimate. The Plaintiff should be exempted from liability in accordance with the proviso of Article 18(1)4 of the Taxi Development Act (hereinafter “instant exemption provision”).

The disposition of this case is against the plaintiff who is a taxi transportation business entity, and the "taxies directly related to the violation" under Article 21 subparagraph 3 of the Enforcement Decree of the taxi Development Act (hereinafter referred to as "standard for calculation of the number") shall not be a taxi used for refusing to take passengers against taxi drivers, but shall be a taxi related to the violation under the direction and control of the plaintiff who is a taxi transportation

However, the plaintiff does not have a taxi directly related to the above violation, and the number of taxis is calculated.

arrow