Whether the transferee's business license can be revoked by citing the grounds for revoking the transferee's business license for the transferor that had been transferred or acquired by private taxi transport business and had been authorized after such transfer or acquisition (affirmative)

It is reasonable to revoke the driver's license for transportation business on the ground of the reason for revocation of the driver's license for transportation business for the transferor (Revocation of the driver's license due to drinking driving, etc.) that had been transferred or acquired by private taxi transportation business and had been authorized after transfer or acquisition.

Article 31 (1) 1 and 4 of the former Automobile Transport Business Act (amended by Act No. 5448 of Dec. 13, 1997); Article 19 of the Administrative Litigation Act

[Plaintiff-Appellant] Plaintiff 1 and 113 others (Law Firm Gyeong, Attorneys Park Jae-young and 113 others, Counsel for plaintiff-appellant)

Plaintiff 1 and one other (Attorney Kim Jong-sik, Counsel for the plaintiff-appellant)

The head of Seo-gu Incheon Metropolitan City

Seoul High Court Decision 96Gu17372 delivered on November 12, 1996

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

We examine the Plaintiffs’ grounds of appeal.

According to the reasoning of the judgment below, the court below found that the non-party 1 and the non-party 2 transferred their own taxi transport business of this case to the plaintiffs around July 1994 and the defendant's approval for such transfer and acquisition was around the time, but the defendant made May 4, 1996 that the non-party's revocation of the driver's license of this case was made on the ground that the non-party had already been revoked the driver's license due to drinking prior to the above transfer, etc., the above non-party's revocation of the driver's license of this case. If the above non-party was revoked the driver's license of this case before the above transfer, the court below erred in the misapprehension of legal principles as to the non-party's disposition of the driver's license of this case and the non-party 1 and the non-party 2's revocation of the driver's license of this case's license of this case, which is the reason for revocation of the driver's license of this case's driver's license of this case, and the above non-party 2.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Jin-hun (Presiding Justice)