1. The Defendant’s imposition of a penalty surcharge of KRW 200,000, imposed on the Plaintiff on August 1, 2017, shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff has been operating a private taxi with a private taxi transport business license located in Seoul Special Metropolitan City from the head of the Seoul Special Metropolitan City.

B. On August 1, 2017, the Defendant imposed a transportation penalty of KRW 200,00 on the Plaintiff on the ground that “the Plaintiff, while driving a private taxi B, stopped for a long time in the vicinity of the upper 3-dong road in Bupyeong-si, Seocheon-si (former 3-dong) from June 14, 2017 to 22:43, and was engaged in business activities outside the business area,” following prior notice and the submission of opinions.

hereinafter referred to as "the disposition of this case"

(ii) [In the absence of dispute over the basis of recognition, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 5, and 7, images and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. On June 14, 2017, the Plaintiff asserted that the Plaintiff: (a) while driving the said private taxi, moved passengers from around 22:00 to around 22:0; (b) while driving the said private taxi; (c) from around 22:33 in the Do coming back to the Seoul Special Metropolitan City, which is a business area, the Plaintiff was traveling from around 22:43 to Seoul at the request of the passengers of the Seoul Special Metropolitan City; and (d) on the grounds that the destination was moving to Seoul at around 22:43, the instant disposition was unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) Articles 88(1) and (2) and 85(1)6 of the Passenger Transport Service Act and Article 3 of the Enforcement Decree of the same Act provide that where a private taxi transportation business entity engages in a business outside the relevant business area, a penalty surcharge may be imposed by the relevant administrative agency. Article 10(7) of the Enforcement Rule of the same Act provides that where a taxi transportation business entity engages in a business outside the relevant business area with passengers aboard the relevant business area and operates it outside the business area (Article 10(1) and (2) of the Enforcement Rule of the same Act).