1. All of the instant lawsuits are dismissed.

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

1. Basic facts

A. The Plaintiff is a person who operates a private taxi transport business in Busan Metropolitan City, pursuant to Article 2 subparag. 3 and Article 3(1) of the Passenger Transport Service Act, and Article 3 subparag. 2(d) of the Enforcement Decree of the Passenger Transport Service Act.

B. Article 49(3)3 of the Enforcement Rule of the Passenger Transport Service Act (hereinafter “Enforcement Rule of the Passenger Transport Service Act”) excludes transport employees engaged in taxi transport business from persons subject to an inspection of qualification maintenance during a close inspection of driving aptitude as follows:

Article 49 (Qualifications, etc. for Drivers of Motor Vehicles for Business) (3) of the current Enforcement Rule of the Passenger Transport Act shall be classified into a new test, a special test, and a qualification maintenance test, and the subjects of which are as follows:

3. Any of the following persons (excluding transport employees engaged in taxi transportation business):

(a) A person between the ages of 65 and under 70 (excluding persons who are 65 years of age and for whom three years of age have not passed since their decision of appropriateness of qualifications maintenance inspection);

(b) Persons aged 70 or older (excluding persons aged 70 or older and for whom one year has not passed since their decision of appropriateness of qualification maintenance inspections);

C. On February 3, 2017, the Defendant: (a) announced the instant pre-announcement of legislation of the Enforcement Rule of the Passenger Transport Service Act (amended by the Ordinance of the Ministry of Land, Infrastructure and Transport No. 2017-174, Feb. 3, 2017; (b) the amendment of the Enforcement Rule of the instant Passenger Transport Service Act (amended by the Ordinance of the Ministry of Land, Infrastructure and Transport No. 2017-174, Feb. 3, 2017; or March 20, 2017) that introduces the maintenance of qualifications for elderly taxi workers in response to social concerns, such as the risk of traffic accidents, following the increase of elderly taxi workers; and (c) the amendment of the Enforcement Rule of the instant case is under close inspection of driving aptitude as follows.