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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The reason for the disposition is that the Plaintiff is a person engaging in driving service of a taxi driver and B-si belonging to C (hereinafter “instant taxi”) working for a general taxi transportation business company C (hereinafter “stock company”).
On July 2, 2019, the Defendant issued the instant disposition in accordance with Article 21(11), Article 85(1)20-6, and Article 88(1) of the Passenger Transport Service Act, and Article 46(1) of the Enforcement Decree of the same Act, on the ground that “the Plaintiff operated the instant taxi on June 7, 2019, between 06:0 and 06:00 on June 8, 2019, and obtained an unfair profit of KRW 48,100 (Additional violation).”
[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 10, the purport of the whole pleadings
2. The administrative litigation regarding a defense prior to the merits does not have any benefit to a person who has only a direct and indirect relationship to file a suit by an administrative agency because the administrative agency’s revocation of the relevant disposition and only has a direct and indirect relationship.
However, even if a third party, who is not the other party to an administrative disposition, is not the direct party, a party may file an administrative litigation seeking the revocation of the administrative disposition where the legal interests protected by the law are infringed, and the legal interests referred to in this context refer to the individual, direct and specific interests protected by the relevant laws and regulations and the relevant laws and regulations (see Supreme Court Decision 2006Du330, Mar. 16, 2006), and does not include either indirectly or indirectly the factual and economic interests.
(See Supreme Court Decision 2003Du11988 delivered on May 25, 2006). The plaintiff asserts that the disposition in this case was erroneous and sought revocation. The plaintiff is not the plaintiff, but the other party to the disposition in this case.