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(영문) 대전고등법원 2020.05.07 2019누11956
영업허가취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance or supplementation of such judgment as stated in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. Subsequent to the facts constituting the following crimes, Co-defendant C’s name before the Plaintiff’s representative director’s name is changed or supplemented.

After the second hearing procedure from the third bottom to the second hearing, “(the representative director of the plaintiff attending the hearing recognized the fact that the plaintiff violated Article 12 of the Passenger Transport Service Act)” shall be added.

Article 12(1) of the Passenger Transport Service Act provides that “A transport business entity shall not have another transport business entity or a person who is not a transport business entity operate passenger transport business with or without any consideration by using all or part of his/her commercial motor vehicle.”

In light of the contents of the provision and the legislative intent of the Passenger Transport Service Act, in order to constitute an act of use in the name of the passenger transport business entity, it is recognized that a non-transport business entity independently operated the passenger transport business under the name of the transport business entity, excluding the transport business entity, and if it is merely an act of operation of an individual vehicle under the general direction and supervision of

Furthermore, a person who is not a transport business operator.

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