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1. The Defendant’s imposition of a penalty surcharge of KRW 1.2 million imposed on the Plaintiff on December 3, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is a passenger transport service provider that runs a general taxi transport business with the Seoul Special Metropolitan City as its business area.
B. On January 21, 1993, pursuant to Article 25 of the former Automobile Transport Business Act (wholly amended by Act No. 5448 of Dec. 13, 1997), the Defendant issued an order to improve the business of the so-called “Prohibition against the Management outside the vehicle depot” with the content that the driver’s workplace should be conducted within the company’s garage.
C. On March 20, 2008, the Defendant issued an order to improve the business that prohibits all passenger transport service providers from “out-of-house management” such as “out-house management” under Article 24 of the former Passenger Transport Service Act (wholly amended by Act No. 8980, Mar. 21, 2008; hereinafter “passenger Transport Service Act”) pursuant to Article 24 of the former Passenger Transport Service Act (wholly amended by Act No. 8980, Mar. 21, 2008).
On July 13, 2009, the Defendant urged the Seoul Passenger Transport Business Association to comply with the business improvement order, and even if the vehicle is operated under the first-person first-class system, it should be stored and managed in the garage after the completion of the business operation. Therefore, if there is a vehicle outside the garage without having been placed on the vehicle after the completion of the business hours after the dispatch, it constitutes an act of leaving the vehicle without being placed on the company garage after the completion of operation. In addition, the first-class vehicle is operated by the order on the day of dispatch, and the daily operating income should be paid. Therefore, if the transport employee fails to enter the garage for more than one day, it is also subject to disposition.