1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, except for adding the defendant’s assertion and judgment thereto as set forth in paragraph (2) below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. The addition;

A. The gist of the Defendant’s assertion in this court is that the Plaintiff entered into a transport contract with the Korea Coast Guard Association annexed to the Hachip Welfare Association, an incorporated association (hereinafter “instant project team”) and operated school buses does not fall under the proviso of Article 3 subparag. 2 (a) of the Enforcement Decree of the Passenger Transport Service Act (hereinafter “the instant proviso”). Therefore, whether the Plaintiff operated a business beyond the scope of the bareboat bus transport business should be determined in accordance with the said main sentence of the said item (a) (hereinafter “instant main text”).

However, the instant project team entered into a service contract with the instant project team and entered into a large number of contracts with unspecified students or parents. The Plaintiff is merely a person who entered into the service contract with the instant project team and provided the vehicle operation services, and thus the agent of the contract is a student or parent of each of the instant project team. Thus, the Plaintiff’s school bus operation does not constitute “the business of transporting passengers according to one transport contract without establishing the operation system,” as provided by the main text of the instant case.

Therefore, it is legitimate to impose the penalty surcharge of this case on the ground that the Plaintiff concluded a transport contract with the instant project team and operated a school bus beyond the scope of the business type of the chartered bus transport business.

(b) Article 3 (Types of Passenger Transport Business) (1) of the Passenger Transport Service Act shall be classified as follows:

1. Routes;