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(영문) 대전지방법원 2019.08.21 2018구합106097
운행정지처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the instant disposition

A. The Plaintiff is a corporation that runs a general taxi transport business after obtaining a license for passenger transport business under the Passenger Transport Service Act.

B. The Defendant confirmed that the Plaintiff did not report the suspension of operation of the 4-cab to which he belongs (hereinafter “instant taxi”), as follows.

Details of the violation period B from July 2017 to August 2017, C 2017 to May 2017, 2017, E from April 2017 to May 2017, 2017, E from December 12, 2016 to July 2017.

On May 9, 2018, the Defendant notified the Plaintiff of an administrative disposition following the failure to file a report on the suspension of passenger transport business (hereinafter “instant prior notice”) and received a written opinion from the Plaintiff on May 23, 2018.

1. An administrative disposition following failure to file a report on suspension of passenger transport business under item (a) of the scheduled disposition;

2. Name (F) of the parties to the case (T), Name A (B), C, D, E (E) address, ASEAN-do, ASEAN-do.

3. The fact that the relevant vehicle has been suspended without filing a report on the suspension of business under Article 16 of the Passenger Transport Service Act and Article 38 of the Enforcement Rule of the same Act.

4. Reduction of the number of vehicles in violation of the intended details.

5. The legal basis and provisions of Article 16 (Temporary or Permanent Closure of Passenger Transport Business) of the Enforcement Decree of the Passenger Transport Service Act and Article 85 (Criteria for Disposition of Revoking Business License and Suspension of Business, and Application thereof) of the Enforcement Rule of the same Act and attached Table 38 (Application, etc. for Permission for Suspension or Permanent Closure of Business) of the same Act

D. On July 17, 2018, the Defendant rendered a 90-day disposition to the Plaintiff to stop the operation (hereinafter “instant disposition”) as follows.

Business-type passenger transport business (violation of violation) violation of Article 16 of the Passenger Transport Service Act (Partial suspension of passenger transport business without obtaining permission) is based on the 90 days (from July 25, 2018 to October 22, 2018) to stop the operation of violating vehicles.

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