1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a private taxi transport business entity B.

B. On November 27, 2015, the Defendant imposed a penalty surcharge of KRW 200,00 on the Plaintiff pursuant to Article 85(1)21 and Article 21(9) of the former Passenger Transport Service Act (amended by Act No. 12982, Jan. 6, 2015; hereinafter the same shall apply), Article 46(1) [Attachment Table 5] of the Enforcement Decree of the Passenger Transport Service Act, Article 44(3) [Attachment Table 4] of the former Enforcement Rule of the Passenger Transport Service Act (amended by Act No. 2744, Jan. 6, 2016; hereinafter the same shall apply) on the ground that “the Plaintiff did not transport two Chinese passengers from the old-dong, Jung-gu, Seoul, to the Chinese air route.”

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed the appeal on April 18, 2016.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff received the section provision charge after transporting two Chinese passengers according to the passenger transport contract concluded with C, which is a foreign tourist travel broker. Therefore, there is a justifiable reason for unused use of the meter.

Therefore, the disposition of this case does not have any grounds for disposition and is in violation of law that deviates from and abused discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 21(9) of the former Passenger Transport Service Act, Article 46(1) [Attachment 5] of the Enforcement Decree of the Passenger Transport Service Act, and Article 44(3) [Attachment 4]-2(k) of the Enforcement Rule of the former Passenger Transport Service Act, where a passenger transport business entity or a transport service provider transports passengers without using a meter at a place other than an area where the section and fare system is implemented.