Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are high-speed bus transport business operators who have obtained a license for passenger transport business from the Minister of Land, Infrastructure and Transport pursuant to Article 4 of the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”), and currently operate the Seoul (high speed terminal)-Masan (Seoul)-Masan)-type route 51 a day and the Seoul (Seoul)-Masan-type route 10 times a day.
B. Meanwhile, the Intervenor, who is a direct bus transport business entity, was operating the route from Seoul-do to Simsan-si, from Simsan-si to Simcheon-si, 490.4 km, and one time (hereinafter “former route”) as indicated in the “former Change” column in the following table.
C. However, on March 23, 2016, the Defendant added the air route prior to the change in accordance with Article 23 of the Passenger Transport Act to “after the change” as indicated in the “after the change” column of the said Table, and issued an order of improvement (hereinafter “instant first disposition”) to change the end point to “masan” (hereinafter “the end point”) and to change it to “Seoul (Seoul)-Seoul (Seoul)-Masan-Masan (Seoul)-Masan (Seoul), 457.5km, and one time (hereinafter “the route after the change”).
Accordingly, the Plaintiffs asserted that the instant First Disposition is unlawful and filed a lawsuit seeking its revocation with the Changwon District Court 2016Guhap51717. On January 10, 2017, the said court rendered a judgment that revoked the instant First Disposition (hereinafter “related judgment”) on the following grounds.
(In the above judgment, the part concerning the disposition No. 1 of this case was finalized on January 28, 2017 due to the waiver of the defendant's appeal). According to Article 78 (1) of the Passenger Transport Act, a Mayor/Do Governor shall consult with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, if the improvement order of passenger transport business comes to two or more Cities/Dos.