1. The plaintiff's claim is dismissed.

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

Details of the disposition

On December 27, 2017, the Plaintiff, a taxi transport company, applied to the Defendant for an extension of the age limit for automobiles for business A and B (hereinafter “instant automobiles”) owned by it.

On January 5, 2018, the Defendant returned the above application for extension on the ground that the age of the instant vehicle was already expired on January 15, 2017 and it is impossible to apply for extension.

On March 8, 2018, the Defendant issued a disposition imposing a penalty surcharge of KRW 1.8 million (hereinafter “instant disposition”) pursuant to Article 85(1) of the Passenger Transport Service Act and Article 46(1)3 of the Enforcement Decree of the same Act on the ground that the Plaintiff violated Article 84(1) of the Passenger Transport Service Act by operating the instant motor vehicle, the age of which exceeds the age of the motor vehicle.

[Ground of recognition] A without dispute, Gap evidence Nos. 4 and 6 (including the number of each branch number), Eul evidence Nos. 1 and 3, Eul evidence Nos. 1 through 3, and the overall purport of the argument of this case as to the legitimacy of the disposition of this case, the plaintiff asserted the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate, by submitting all documents form necessary for extending the age of automobiles to the relevant departments of Gangseo-gu Seoul Metropolitan Government Office on December 29, 2016

Therefore, the Plaintiff did not err in the expiration of the age limit of the instant automobile, and could not be deemed to have illegally operated the instant automobile, but accepted the return of the Defendant’s application for extension of age, and voluntarily cancelled and scrapped the instant automobile.

Nevertheless, it is unreasonable for the Defendant to impose penalty surcharges on the Plaintiff as a result of the instant disposition.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

The disposition of imposition of penalty surcharge under Article 88(1) of the Passenger Transport Act is a punitive administrative disposition, which establishes order in passenger transport service and facilitate passenger transport service and passenger transport service.