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(영문) 서울행정법원 2017.10.20 2017구단26096
과징금부과처분취소
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. The Plaintiff has been engaged in private taxi business using B-si after obtaining a private taxi transport business license from the Mayor of Seoul Special Metropolitan City as its business area.

B. On June 8, 2017, the Defendant: (a) applied Articles 85(1)6 and 88(1) of the Passenger Transport Service Act (hereinafter “the Act”); (b) Article 46(1) [Attachment Table 5] of the Enforcement Decree of the Passenger Transport Service Act (hereinafter “Enforcement Decree”; and (c) Article 85(1) of the Enforcement Decree of the Enforcement Decree of the Passenger Transport Service Act (hereinafter “Enforcement Rule”), and imposed a fine of KRW 200,000,00,000, which was reduced by 1/2 on the Plaintiff, on the ground that the Plaintiff carried passengers from the department store and operated a taxi outside Seoul (hereinafter “instant act”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was running a taxi to the upper Dong-dong, Seocheon-si, and that he temporarily stopped a taxi at the control point in order to put the toilet back to Seoul, a business area.

The Seoul Metropolitan City, which intends to depart from the toilet to the Gamba Seoul, is only a guest who was on board, and is not a business outside the business area.

Therefore, the instant disposition is unlawful since there is no ground for disposition.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) The Act and the Enforcement Decree stipulate that when a person operating a private taxi transport business operates his/her business in an administrative area other than the licensed business area, a penalty surcharge of KRW 400,000 shall be imposed (Articles 85(1)6 and 88(1) of the Act, Article 46(1) [Attachment 5] of the Enforcement Decree, and Article 10(7)2 of the Enforcement Rule shall be the relevant business area after he/she gets passengers aboard the business area and operated it outside the business area.

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