1. The Defendant’s disposition of imposing the penalty surcharge of KRW 200,000 against the Plaintiff on December 4, 2015 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. The Plaintiff obtained a taxi transport business license from the Mayor of Seoul Special Metropolitan City as a company established for the purpose of taxi transport services, and A operated B-si owned by the said company as an engineer employed by the said company (hereinafter “instant taxi”).

B. On October 16, 2015, around 04:20, around 16, 2015, a traffic petition report was received around 14:15 on the same day, for which A operated the instant taxi (hereinafter referred to as “instant operation”) and operated a business outside the business area to the Manam-gu viewing (hereinafter “Songnam-gu viewing”) located in the Namnam-si located in the Namnam-si, Namnam-si (hereinafter referred to as “Namnam-gu”).

C. Accordingly, the Defendant imposed a penalty surcharge of KRW 200,000 on the Plaintiff on December 4, 2015, pursuant to Article 88 of the Passenger Transport Service Act and Article 46 of the Enforcement Decree of the same Act on the ground that the instant operation was a business outside the business area.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. Determination 1) According to Article 88(1) and (2), Article 85(1)6 of the Passenger Transport Service Act and Article 46(1) [Attachment Table 5] of the Enforcement Decree of the same Act, where a taxi transport business entity conducts a business in an administrative district other than the business area for which it has obtained a license, a penalty surcharge of KRW 400,00 shall be imposed. Article 10(6) of the Enforcement Rule of the same Act provides that a taxi transport business entity shall carry passengers on the relevant business area, operate a business outside the business area outside the relevant business area with passengers aboard, and operate a business outside the relevant business area with passengers aboard and return to the business area, and temporarily operate the business (where subparagraph 2 is conducted, the relevant business entity shall be subject to subparagraph 2).