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(영문) 서울행정법원 2020.07.17 2019구합3582
운수과징금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The basic fact is that the Plaintiff is a private taxi transport business entity that operates private taxi B (hereinafter referred to as “instant taxi”).

On August 31, 2017, C (hereinafter referred to as “reported”) reported to the Seoul Special Metropolitan City 120 C (hereinafter referred to as “C”) the Plaintiff, “Around August 30, 2017, the Plaintiff violated the order of bus stops [the bus stops in D” (the name of bus stops: F and bus stops number: G; hereinafter referred to as “instant bus stops”) in the vicinity of D around August 30, 2017.”

On November 14, 2017, the Defendant imposed a penalty of KRW 20,000 on the Plaintiff pursuant to Article 88(1) and (2), and Article 21(11) of the former Passenger Transport Service Act (Amended by Act No. 14949, Oct. 24, 2017); Article 46(1) [Attachment Table 5] of the former Enforcement Decree of the Passenger Transport Service Act (Amended by Presidential Decree No. 28260, Sept. 1, 2017); Article 44(3) and [Attachment Table 4] of the former Enforcement Rule of the Passenger Transport Service Act (Amended by Act No. 487, Feb. 12, 2018); Article 44(4) [Attachment Table 4] of the former Enforcement Rule of the Passenger Transport Service Act (Amended by Act No. 1587, Feb. 12, 2018).

(Period of payment: On December 31, 2017, hereinafter “instant disposition of imposition”). On December 28, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Seoul Special Metropolitan City Administrative Appeals Commission. On the grounds that an administrative appeal was filed on December 28, 2017, a resolution was made to take the measure of “reduction of full amount” regarding the instant disposition of imposition on the ground that an administrative appeal was filed on December 28, 2017.

On July 9, 2018, Seoul Special Metropolitan City Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim for administrative appeal on the ground that “the instant disposition cannot be deemed unlawful or unjust.”

(Case Number: (Case Number: 2017-1520). The original copy of the said written ruling was served on the Plaintiff on July 26, 2018, and the Defendant, on July 26, 2018, set the due date for payment up to August 31, 2018 according to the above dismissal ruling by the Plaintiff.

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