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(영문) 서울행정법원 2015.05.28 2014구합75384
자동차대여사업등록취소처분취소
Text

1. The Defendant’s revocation of registration of rent-a-car business on December 10, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a car rental business entity registered under Article 28 of the Passenger Transport Service Act.

B. On December 10, 2014, the Defendant issued a disposition to revoke registration of rent-a-car business pursuant to Article 12 and Article 85(1)13 of the Passenger Transport Service Act on the ground that the Plaintiff violated the prohibition of use of name by having B operate rent-a-car business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Recognizing the fact that six vehicles, such as misunderstanding of facts as to the grounds for disposition, such as the vehicle C, were put from B and violated the prohibition of use of name. However, with respect to the remaining nine vehicles, B used the Plaintiff’s vehicle for accident lending business in the form of A, and received fees from the Plaintiff, and thus did not violate the prohibition of use of name. 2) The Plaintiff’s revocation of the registration of the car rental business is unfair in violation of the principle of proportionality, considering the following: (a) the vehicle that violated the prohibition of use of name among the 270 vehicles registered by the Plaintiff who abused and abused discretion is merely 15 vehicles; (b) the vehicle constitutes the primary violation; (c) the vehicle constitutes the primary violation; (d) where the Plaintiff’s registration is revoked, the number of employees due to closure

(b) Related Acts and subordinate statutes: To be recorded in Appendix;

C. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 as to the existence of the grounds for disposition No. 1, B, from July 201 to June 2013, registered 15 vehicles, including C, in the name of the Plaintiff, and used rent-a-car business, and D, the representative director of the Plaintiff, had B operate rent-a-car business as above.

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