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(영문) 서울행정법원 2019.04.11 2018구합3998
행정처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running taxi transportation business with Seoul Special Metropolitan City as its business area.

B. On March 20, 2018, the Defendant issued a warning disposition (hereinafter “instant disposition”) pursuant to Articles 12(1) and 18(1) of the Act on the Development of Taxi Transportation Business (hereinafter “the taxi Development Act”) and Article 21 [Attachment 2] of the Enforcement Decree of the taxi Development Act on the ground that the Plaintiff transferred the purchase cost of vehicles and oil to transport employees.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 11, the purport of the whole pleadings and arguments

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. We examine ex officio whether the instant lawsuit is lawful.

After the expiration of the effective period of a disposition, etc. which is the object of a revocation lawsuit, the execution of such disposition and other causes, there is no benefit in a lawsuit seeking the cancellation of such disposition, unless there are any special circumstances to deem that any legal interest is infringed on by the remaining disposition, etc.

(see, e.g., Supreme Court Decision 2003Du7835, Oct. 23, 2003). Meanwhile, the effect of the preceding administrative disposition was extinguished if the power of the administrative disposition is deemed to be treated disadvantageously in the future, and is stipulated in the law as being subject to statutory aggravation, and if a new punitive administrative disposition is imposed in accordance with the statutory aggravation requirements.

Even if there are special circumstances to deem that legal interests are infringed due to the remaining effects of the preceding administrative disposition.

(See Supreme Court Decision 2004Du14106 Decided March 25, 2005, etc.). Article 18(1) of the Taxi Development Act provides that a taxi transportation business entity that violated Article 12(1) of the Taxi Development Act may engage in the “disposition of cancellation of taxi transportation business license”, “disposition of full or partial suspension of business”, and “disposition of modification of business plan, such as reduction of the number of vehicles,” with respect to the taxi transportation business entity.

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