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(영문) 인천지방법원 2015.04.16 2014구합2434
개인택시운송사업면허제외통보처분취소
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. In around 2008, the Plaintiff applied for a license for private taxi transport business to the Defendant in 2008, but the Plaintiff fell under the final order 3rd (16 and June 15 of the driving career). As at the time, the Plaintiff was excluded from the eligibility for the issuance of a license, the Plaintiff was determined as two persons.

B. Meanwhile, on May 29, 2013, the full amendment was made to the Regulations on Administrative Affairs of License for Private Taxi Transport Business (hereinafter “instant Administrative Affairs Regulations”), which serves as the basis for issuing a license for private taxi transport business by the Defendant. In relation to the method of calculating driving experience, the previous provisions were amended to read “one month when the number of working days per month is at least 50/10 of the number of working days per month agreed in the rules of employment, collective agreement, etc. of the company, etc.” but the “calculated as one month if the number of working days per month is at least 13 days”.

C. On March 20, 2014, the Plaintiff applied for a personal taxi transport business license to the Defendant in 2014.

The Defendant calculated the Plaintiff’s driving experience as of September 3, 16 and excluded the Plaintiff from the eligibility to be issued a license as of July 20, and notified the Plaintiff on June 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had the highest driving experience among those excluded from the issuance of licenses at the time of filing an application for a private taxi license in 2008. However, in the case of the Reinforcement Military, even if the previous regulations on the management of affairs were applied even if the taxi company was only two, the pertinent regulations on the management of affairs were amended without any problems. As a result of the application of the amended regulations on the management of affairs, the Plaintiff’s driving experience was calculated disadvantageously compared to the other applicants, and the Plaintiff was excluded from the license for private

Therefore, the instant disposition is against the Plaintiff.

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