2018Nu47907 Request for the revocation of a warning disposition related to a violation of the prohibition on the transfer of transportation costs.

A Stock Company

Law Firm Song, Attorney Song-sik et al.

[Defendant-Appellee] Plaintiff 1 and 2 others

Seoul Special Metropolitan City Mayor

Law Firm A&C, Attorney Lee Im-soo

Attorney Seo-Gyeong et al.

Seoul Administrative Court Decision 2017Guhap84112 decided May 4, 2018

July 25, 2018

September 12, 2018

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The warning disposition issued by the Defendant on August 8, 2017 by the Plaintiff on the ground that the Defendant violated the prohibition against the transfer of transportation costs (pre-purchase cost).

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation of the first instance judgment

The reasoning for this Court’s explanation is as follows: (a) the reasoning for the first instance judgment (including the attachment, but excluding the part on 3. conclusion) is the same as the part on the grounds of the first instance judgment, except for adding a judgment that it is difficult to view that the Defendant’s additional reference materials are presented in this Court, and therefore, (b) it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. Conclusion

Thus, the plaintiff's claim shall be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed on the grounds of its merit.

The presiding judge, judge, associate judge

Judges Park Jae-woo

Judges Gamburh