1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 11, 1979, the Plaintiff was established for the purpose of the passenger transport service, etc., and operated the passenger transport service after having its head office in Guro-gu Seoul Metropolitan Government and obtaining a license for passenger transport service.

B. On January 21, 1993, the Defendant issued an order for business improvement to taxi companies including the Plaintiff, with the content of “the prohibition of the management of the vehicle out of the vehicle depot (the vehicle in front after the termination of the operation on a day is stored in the garage of the company and the vehicle for the driver is conducted within the company garage)” pursuant to Article 25 of the former Passenger Transport Service Act (wholly amended by Act No. 5448, Dec. 12, 1997).

From 2008 to 2017, the defendant has publicly announced or emphasized an order to improve the business with the purport that if the defendant violates the prohibition of the management of the garage outside of the garage, it may take a disposition of partial suspension of business or a penalty surcharge.

Among them, the relevant contents of the business improvement order (No. 2017-2259, hereinafter “instant business improvement order”) dated December 1, 2017 are as follows:

In the event of a violation of the current provisions of the law related to the classification, the subject of disposition and details of the order to prevent shift from being disposed of: A general taxi: A transportation service employee shall have his/her vehicle enter the company's garage after the termination of the prohibition on the management outside of the garage, and shall not leave the vehicle.

If a transport employee does not engage in management (intersection) within a garage: Provided, That if it is reported in advance with the approval of the defendant, an exception to the prohibition of management (intersection) outside the garage shall be recognized, but it shall be done in shift between the reported shift place and the time zone.

Article 23 of the Enforcement Decree of the Passenger Transport Service Act (Attached Table 3) applied to a violation of Article 23 of the same Act is to suspend part of the business pursuant to subparagraph 25 of the violation of the same Act, or to transport business operators of Article 23 of the Passenger Transport Service Act who impose penalty pursuant to subparagraph 17 of the violation