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(영문) 서울행정법원 2015.01.23 2014구합12093
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is engaged in the taxi transport business after being established for the purpose of the taxi passenger transport business. On August 22, 1969, after obtaining a general taxi transport business license from the defendant.

On March 20, 2008, the Defendant issued an order for business improvement under Article 24 (1) 9 of the former Passenger Transport Service Act (wholly amended by Act No. 8980, Mar. 21, 2008) as follows, under Article 24 (1) 9 of the former Passenger Transport Service Act (wholly amended by Act No. 8980, Mar. 21, 2008) that included the following, under Article 208-567 of the Seoul Metropolitan Government Public Notice No. 2008-567 of the Passenger Transport Service Act, where a transport employee outside of a garage who does not fall under “violation of the prohibition of the use of name” does not have any operation on the company garage after the end of operation.

The Defendant discovered cases where a shift outside the taxi partially permitted for the shift convenience of disabled drivers, off-site resident drivers, etc. was abused as so-called contracted taxi, etc., and revoked partial permission for the shift out of the taxi garage from November 1, 2010. On November 15, 2010, the first-class operation of the taxi on November 2, 2010, in principle, is prohibited from shift outside the taxi and the act of shift outside the taxi. However, on the other hand, the Defendant established a plan to apply the criteria for the prohibition of the violation of the regulations on the prohibition of the management outside the vehicle that exceptionally permits a shift to enter the vehicle on the way that the former is getting off the vehicle and going to the vehicle by the former.

On July 25, 2013, based on Article 23(1)9 of the Passenger Transport Service Act, the Defendant issued an order to improve the business, which includes the following:

(hereinafter referred to as the “instant order for business improvement”). In the event of a violation of the division, the subject and details of the disposition shall be out of the garage.

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