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(영문) 서울행정법원 2018.01.25 2017구합69564
자격증명 효력정지 처분취소
Text

1. On May 9, 2017, the Defendant issued a 60-day disposition of suspension of qualification of aircrew (a transport pilot) on the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who acquired a qualification certificate as an aircrew member (a pilot for transportation) and served as a captain in the aviation of the Korea Civil Aviation Corporation (hereinafter “Korea Civil Aviation”).

On September 21, 2016 (hereinafter referred to as “instant aircraft”), the Korean Air B (C, D, and Incheon) operated to the Incheon Airport without resolving any trouble in which the delay occurred after landing at the right engine after landing at the Incheon Airport, but the delay occurred after arrival of the relevant engine (hereinafter referred to as “grounds for Disposition 1”), and failed to perform the captain’s external inspection duty under Article 50(2) or (4) through (6) of the former Aviation Act (hereinafter referred to as “grounds for Disposition 1”), and thus failing to record defective messages on the air log, thereby violating Article 116(3) of the same Act (hereinafter referred to as “reasons for Disposition 2”).

On May 9, 2017, the Defendant issued a disposition to the Plaintiff on the following grounds pursuant to Articles 50(2) and 33(1)20 of the former Aviation Act (amended by Act No. 14116, Mar. 29, 2016; hereinafter the same shall apply) and Article 2 of the Addenda of the former Aviation Act (amended by Act No. 14116, Mar. 30, 2017; hereinafter the same shall apply) and Article 52 of the Addenda of the former Aviation Act, which was in force at the time of the disposition, “the former Aviation Act shall govern the administrative disposition and penalty surcharge on a violation before this Act enters into force).” Article 50(2) and Article 33(1)20 of the former Aviation Act, Article 2 of the Addenda of the former Enforcement Rule of the Aviation Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 410, Mar. 30, 2017; hereinafter the same shall apply).

(hereinafter referred to as “instant disposition”). [The ground for recognition] does not dispute, A.

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