1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On February 10, 1998, the Plaintiff obtained a license for private taxi transport business from the Defendant and operated private taxi business.

B. On November 5, 2013, the Defendant rendered a disposition suspending a license for private taxi transport business for 90 days pursuant to Article 85 of the former Passenger Transport Service Act (amended by Act No. 12020, Aug. 6, 2013; hereinafter “former Passenger Transport Service Act”) and Article 43(1) [Attachment Table 3] of the former Enforcement Decree of the Passenger Transport Act (amended by Presidential Decree No. 25525, Jul. 28, 2014; hereinafter the same) on the ground that the Plaintiff delayed filing a business suspension report for 116 days (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 3-1, Gap evidence 5, Gap evidence 6-1, Eul evidence 3-1, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1) Even after becoming a full-time officer, the Plaintiff did not apply for the suspension of business and did not request the tax office to suspend the insurance premium of the private taxi transport business, and did not go to the livelihood, and the Plaintiff cannot be deemed to have suspended the business. 2) Since the Defendant ordered the private taxi transport business operator to provide three-day services (2-day service and one-day service) to the private taxi transport business operator, the Plaintiff’s 116-day service delayed reporting the Plaintiff’s suspension of business, which is the disposition reason of this case, is the date on which only 77 days can operate the business. The Defendant’s disposition of this case was erroneous for calculating the number of days of violation.

3. Article 85(1)16 of the former Passenger Transport Act, which is the ground for the instant disposition, can only be a ground for the disposition of “village bus transport business, chartered bus transport business, and special passenger transport transport business” pursuant to Article 41(1) of the former Enforcement Decree of the Passenger Transport Act, and is also a private taxi transport business entity.