1. The plaintiff's claim is dismissed.

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

The plaintiff has been operating a private taxi after obtaining a private taxi transportation business license from the Mayor of Seoul Special Metropolitan City as the business area of Seoul Special Metropolitan City.

On May 26, 2014, around 09:21, the Plaintiff: (a) operated a passenger before a bus stop in the sloping-gu, Annyang-si, Annyang-si; (b) landed the passenger in the vicinity of the Jinwon-gu, Annyang-si.

(hereinafter “instant operation”). On July 2, 2014, the Defendant imposed a penalty surcharge of KRW 400,000 on the Plaintiff on the ground that “the instant operation constitutes a case where the Plaintiff operated a business outside the business area.”

On July 10, 2014, the Plaintiff dissatisfied with the imposition of the penalty surcharge, and filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission. On August 11, 2014, the Seoul Special Metropolitan City Administrative Appeals Commission rendered a ruling to reduce the amount of the penalty surcharge of KRW 400,000 on the ground that “The imposition of the penalty surcharge of KRW 400,000 is somewhat harsh when considering the distance of operation, etc.”

(2) The Plaintiff asserts that the disposition of this case is unlawful on the ground that: (a) there is no dispute over the remaining part of the disposition imposing the initial penalty surcharge (hereinafter “instant disposition”); (b) Gap evidence Nos. 1 and Eul evidence Nos. 8-2; and (c) the purport of the entire argument as to whether the disposition of this case is legitimate; and (d) the Plaintiff’s assertion that the disposition of this case is unlawful because of traffic congestion, the Plaintiff requested the passengers who will move to Seoul Saundong-gu to get off and get off the sacrife; and (e) the Plaintiff did not intentionally engage in the business outside the business area; and (e) the instant disposition of this case is deemed unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

처분사유의 존부 ㈎ ‘여객자동차 운수사업법’ 제88조 제1항, 제2항, 제85조 제1항 제6호, 같은 법 시행령 제46조 제1항 [별표 5]에 의하면,...