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(영문) 서울행정법원 2015.01.29 2014구합18848
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. On November 19, 1970, the Plaintiff is a stock company that operated a taxi transport business with a license for passenger transport business (license No. 281) obtained from the Defendant.

B. On January 21, 1993, the Defendant issued an order for business improvement with respect to all passenger transport service providers under Article 25 of the former Passenger Transport Service Act (wholly amended by Act No. 5448 of Dec. 13, 1997), including the so-called “Prohibition against the Management of Vehicle Vehicles,” which must be performed within the company garage, etc. The Defendant issued an order for business improvement with respect to all passenger transport service providers under Article 24 of the former Passenger Transport Service Act (wholly amended by Act No. 8980 of Mar. 21, 2008), including “an act of leaving the company garage after the completion of operation,” and “an act of leaving the company garage" and “an act of failing to perform a shift operation within the company garage,” and “an act of failing to perform a shift operation within the company garage,” the Defendant prohibited the operation improvement order or management of the relevant vehicle from being carried out within the company garage, and imposed the order for business suspension or management of the relevant vehicle.

3) On July 25, 2013, the Defendant: (a) prohibited a taxi transportation business entity from managing the garage of the same content as that of the foregoing paragraph under Article 23 of the Passenger Transport Service Act; (b) issued an order to improve the business to impose a penalty surcharge of KRW 1,200,000,000 on the business entity who violated the foregoing provision, on the part of the business suspension (20 days, 20 days, 40 days, 3 days, 60 days) or a penalty surcharge of KRW 20,000

(hereinafter “instant order for business improvement”). C.

On July 28, 2014, the Defendant period from April 27, 2014 to April 30, 2014 by the Plaintiff-affiliated A taxi (hereinafter “instant taxi”).

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