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 person who operates private taxi B.

B. On May 17, 2018, the Defendant imposed a penalty of KRW 200,00 (hereinafter “instant disposition”) on the Plaintiff on the ground that “the Plaintiff transported passengers without using a meter near Daegu-gu Seoul Metropolitan City C on April 7, 2018,” pursuant to Article 21(12) of the Passenger Transport Service Act and Article 46 [Attachment 5] of the Enforcement Decree of the same Act.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Daegu Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s claim on June 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 7 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the Plaintiff’s assertion, the Plaintiff was forgotten at a point that the Plaintiff did not have a yellow dust and did not intend to disturb public order. At all, the Plaintiff did not intend to interfere with public order.

However, due to the recent increase in the cases of assaulting articles by passengers and the social atmosphere that does not strictly punish the perpetrator, the early response to protect the taxi engineer itself is important, and the plaintiff has not used the gale in order to grasp the intent of the passengers who commit an emergency situation at the time.

As can be seen, the instant disposition, which did not take into account the Plaintiff’s failure to use the metres, violates the principle of excessive prohibition in light of the appropriateness of the method, minimum damage, balance of legal interests, etc. The Plaintiff’s freedom of occupation, etc., and is an illegal disposition that deviates from and abused discretion by excessive infringement of fundamental rights under the Constitution, such as freedom of occupation.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. According to relevant laws, such as the Passenger Transport Service Act.