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(영문) 서울행정법원 2018.04.04 2017구합8217
개인택시운송사업면허취소처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On 2005, the Plaintiff was sentenced to a suspension of the execution of six months of imprisonment due to indecent act by compulsion while running the said business with a license for a private taxi transport business, and the judgment became final and conclusive.

B. On April 25, 2017, the Defendant revoked the Plaintiff’s qualification for taxi drivers pursuant to Article 87(1)3 of the Passenger Transport Service Act, etc., and revoked the Plaintiff’s license for private taxi transport business on July 27, 2017 pursuant to Article 85(1)37 of the same Act.

(The disposition of revocation of the license for private taxi transport business is referred to as "the disposition of this case"). 【The grounds for recognition】 Each entry in subparagraphs 1 through 3, and the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. The defendant asserts that the lawsuit of this case was unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit of this case.

B. A lawsuit seeking revocation of an administrative disposition shall be filed within 90 days from the date on which the pertinent disposition is known (Article 20(1) of the Administrative Litigation Act), and according to the written evidence Nos. 3 and 4, it is evident that the Plaintiff directly received the instant disposition notice on August 8, 2017, and that the Plaintiff filed the instant lawsuit on December 11, 2017 after the lapse of 90 days thereafter.

Therefore, the instant lawsuit is unlawful as a lawsuit filed after the lapse of the filing period.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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