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(영문) 광주지방법원 2015.01.15 2014구합11410
여객운송사업 면허취소처분 취소소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the maritime passenger transport service provider.

The Plaintiff obtained a license for regular coastal passenger transportation services in the Incheon- Jeju Sea route, Incheon-Saeuk Sea route, and the leisure and water-Saak Sea route, and operated the maritime passenger transportation services.

B. On April 16, 2014, the occurrence of the sinking accident in the Sewol ferry and the revocation of the license for regular coastal passenger transportation services in the Incheon- Jeju-do sea route caused the sinking on the sea of the Jindo-gun, Jindo-do.

On May 12, 2014, the Administrator of the Incheon Regional Maritime Affairs and Port Office revoked the license for regular coastal passenger transportation services in Incheon- Jeju service route on the ground that the plaintiff violated Article 19 (1) 2 of the Marine Transportation Act.

C. On May 16, 2014, the Defendant revoked his/her license for scheduled coastal passenger transportation services on the service route in question, in violation of Article 19(1)2 of the Marine Transportation Act, and notified the Plaintiff of the scheduled revocation of the license for scheduled coastal passenger transportation services on May 12, 2014. This falls under Article 8 subparag. 5 and 6 of the Marine Transportation Act, thereby falling under Article 19(2)2 of the said Act.

On May 29, 2014, the Defendant notified the Plaintiff that the license for regular coastal passenger transportation services in the leisure-speak service route would be revoked (hereinafter “instant disposition”) on the ground of Article 19(2)2 of the Marine Transportation Act.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3-1 to 3, and 4-2, the purport of the whole pleadings

2. The plaintiff's assertion and relevant statutes

A. As the Plaintiff’s assertion 1 of Article 8 subparag. 5 of the Marine Transportation Act requires that the license for the maritime passenger transport business should be obtained for each sea route, each license should be acquired and revoked for a separate reason. Since the license cannot be revoked again after one revocation, the ground under Article 8 subparag. 5 of the Marine Transportation Act is to acquire the license.

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