1. The Defendant’s imposition of the penalty surcharge of KRW 200,000 against the Plaintiff on February 28, 2019 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On February 12, 2019, the Plaintiff, who is running a private taxi transport business, filed a voluntary report to the Defendant on the violation of the violation that he operated a private taxi even though he was on a holiday due to the non-operation of a private taxi.

B. On February 28, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 200,000 (hereinafter “instant disposition”) based on Articles 21(12) and 85 of the former Passenger Transport Service Act (amended by Act No. 15735, Aug. 14, 2018; hereinafter “passenger Transport Service Act”) and Article 46 [Attachment Table 5] of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 2951, Feb. 12, 2019; hereinafter “Enforcement Decree of the Passenger Transport Service Act”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 21 of the Passenger Transport Act does not serve as the ground for the disposition of the non-violation, and the Defendant did not issue a regular order for prohibition of vehicle operation or an order for improvement to the Plaintiff. 2) Since the non-compliance with Daegu discriminates against a juristic person and an individual taxi without reasonable grounds, the instant disposition on the ground of non-compliance is a deviation from and abuse of discretion.

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

C. The facts that the Defendant, while rendering the instant disposition against the Plaintiff on the ground of the violation against the Plaintiff on the ground of Article 21 and Article 85 of the Passenger Transport Act, and Article 46 [Attachment 5] of the Enforcement Decree of the Passenger Transport Act as the basis for the disposition are as seen earlier.

However, Article 21 of the Passenger Transport Act does not provide for an additional violation, and Article 21 (12) of the same Act provides for the guidance and confirmation for safe operation and for the improvement of passenger convenience or service in addition to paragraphs (1) through (11) of the same Article.