Main Issues
Whether an administrative disposition is subject to revocation of the increased allocation of a commercial motor vehicle to a taxi transportation business entity;
Summary of Judgment
An administrative agency's increased allocation of a motor vehicle for business to a taxi transport business entity is merely a notification of the decision of recommending the relevant motor vehicle transport business entity to apply for the modification of a motor vehicle transport business plan accompanied by the increase of the number of motor vehicles pursuant to Article 13 (1) of the Motor Vehicle Transport Business Act. This cannot be deemed a direct change in the rights and duties or other legal effects of the transport business entity. Thus, it cannot be deemed an administrative disposition subject to revocation
[Reference Provisions]
Articles 2 and 19 of the Administrative Litigation Act
Reference Cases
Supreme Court Decision 87Nu761 delivered on November 24, 1987 (Gong1988,189) 91Nu4126 delivered on February 11, 1992 (Gong1992,1037) 93Du2 delivered on April 12, 1993 (Gong193,1312)
Plaintiff-Appellant
Mayang Transportation Limited Partnership
Defendant-Appellee
Head of Assignment
Judgment of the lower court
Daejeon High Court Decision 93Gu188 delivered on April 23, 1993
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
Reasons
We examine the grounds of appeal.
The disposition of an administrative agency, which is the object of an administrative litigation under the Administrative Litigation Act, refers to an act under the public law of the administrative agency, which is directly related to the rights and obligations of the people, such as ordering the establishment of the right or the obligation under the laws and regulations, or directly causing other legal effects on a specific matter (see, e.g., Supreme Court Order 93Du2, Apr. 12, 1993; 93Du2, Apr. 12, 1993). In this case, the defendant issued an increased allocation of a motor vehicle for business in 192 to the plaintiff et al. who is a taxi transportation business operator, only notifies the decision of recommending the modification of the plan for the motor vehicle transport business involving the increased increase of the vehicle in accordance with Article 13(1) of the Motor Vehicle Transport Business Act, and thus cannot be deemed as an administrative disposition that directly affects the rights and obligations or other legal effects of the trucking business operator. Accordingly, this cannot be deemed as an administrative disposition that is the object of a revocation lawsuit. Therefore, we
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jong-ho (Presiding Justice)