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(영문) 대법원 2019.05.10 2018두58769
개인택시운송사업면허취소처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, Article 87(1)3, Article 24(4)2 and 1(1)1(a) and (3)1(a) and Article 75(2) and (1) of the Passenger Transport Service Act; Articles 16(1) and 37(2)15-2 of the Enforcement Decree of the Passenger Transport Service Act, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor and the head of a Si/Gun/Gu delegated by the head of a Si/Gun/Gu shall revoke the qualification of a person who is under probation after having been sentenced to a suspended sentence of imprisonment without prison labor or heavier for committing a crime under any subparagraph of Article 2(1) of the Act on Special Cases concerning the Punishment

The Act on Special Cases Concerning the Punishment of Specific Crimes provides for special cases concerning the punishment of specific violent crimes which violate basic ethics and social order and the procedures thereof. In each subparagraph of Article 2(1), specific violent crimes are listed in the Criminal Act, Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act on Punishment of Violences, etc.

As long as the crime of bodily injury resulting from rape under Articles 301 and 297 of the Criminal Act is stipulated as a specific violent crime falling under Article 2(1)3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the Plaintiff, who was sentenced to suspended sentence of imprisonment for committing the crime of bodily injury resulting from rape, shall be punished by the case where the Plaintiff committed the crime

Therefore, this part of the ground of appeal to the effect that the plaintiff did not constitute a ground for revocation of the qualification of self-employed taxi transport business, since the plaintiff committed a crime causing rape under the Criminal Act, not a crime under the Act on Special Cases Concern

2. Regarding ground of appeal No. 2

A. The Passenger Transport Service Act separates the grounds for disqualification for driving and the grounds for revocation of driving qualification for private taxi transport business.

First of all, the Corporation.

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