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(영문) 대구지방법원 2016.11.11 2016구단709
과징금처분취소
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. On December 7, 2015, the Defendant issued a disposition imposing a penalty surcharge of KRW 200,00 (one-2 mitigated) pursuant to Article 21(9) of the Passenger Transport Service Act and Article 44 [Attachment Table 4] of the Enforcement Rule of the same Act, and Article 46 [Attachment Table 5] of the Enforcement Decree of the same Act, on the ground that the Plaintiff who drives a private taxi did not use a meter against passengers on October 16, 2015.

B. Although the Plaintiff filed an administrative appeal, it was dismissed on February 22, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Nos. 4 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s use of the Plaintiff’s assertion meters and the imposition of a penalty surcharge on the sole ground of the passenger’s report is an illegal disposition that deviates from and abused discretion.

B. According to the overall purport of the arguments in each of the evidence and evidence set forth in Nos. 1, 2, and 3 as seen earlier, it is recognized that the Plaintiff driving a private taxi did not use a meter against passengers on October 16, 2015, and there is no illegality of deviation from or abuse of discretion in the disposition of the said penalty surcharge.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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