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(영문) 수원지방법원 2021.01.21 2020구합61882
과징금부과처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of the disposition;

A. Article 75(1) of the former Passenger Transport Service Act (amended by Act No. 15996, Dec. 18, 2018; hereinafter “Act”) provides that “The Minister of Construction and Transportation may delegate part of his/her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree.”

"The Mayor/Do Governor may delegate part of the authority delegated by the Minister of Construction and Transportation pursuant to paragraph (1) to the City Mayor with the approval of the Minister of Construction and Transportation.

“......”

Article 37 (1) 12 of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 9634, Mar. 19, 2019; hereinafter “Enforcement Decree”) shall delegate the authority to issue an order to improve the business to the Mayor/Do Governor pursuant to Article 75 (1) of the Act pursuant to Article 75 (1) of the Act.

“......”

On October 25, 2016, pursuant to Article 23(1)9 main sentence 9-2-A of the Act (hereinafter “instant provision”), the following improvement orders (hereinafter “instant order”) were issued, and the said order was enforced from January 1, 2017.

The hours of the taxi (0:00 to 24:00): The general taxi that is subject to the duty to designate and comply with the hours of the taxi: The general taxi (excluding the offline system of the exemplary transportation disadvantaged) shall be operated on the 10-day basis (the 9-day operation, the 1-day stop), the private taxi shall be operated on the 3-day basis (the 2-day operation, the 1-day stop stop).

- The time of the application of the Addenda shall be from 00:0 to 24:00 for each day (day).

A general taxi shall be classified into 0 to 9, and shall be classified into ten categories according to the end of the motor vehicle number.

In addition to exemplary large-scale taxi and private taxi converted into disabled call taxi, all private taxis are divided into five groups and grouped private taxi associations.

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