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(영문) 서울행정법원 2019.11.15 2019구합65894
개인택시운송사업면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person holding a taxi driver’s license under the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”) and a person holding a private taxi transport business license.

B. On June 15, 2016, the Plaintiff was indicted of violation of the Child Welfare Act (voluntary coercion, intermediary, sexual harassment, etc. against children), and violation of the Child Welfare Act (Child abuse) (U.S. District Court Decision 2015No3930, Jun. 15, 2016), and was sentenced to imprisonment for eight months, completion of sexual assault treatment programs for forty hours, and completion of child abuse treatment programs for forty hours.

Although the Plaintiff and the Prosecutor appealed against each of the above judgments [the Plaintiff appealed respectively on the grounds of erroneous determination of facts as to the violation of the Child Welfare Act (the coercion, intermediary, sexual harassment, etc. against children) and unfair sentencing, the prosecutor appealed on the grounds of unfair sentencing]. On September 8, 2016, the appellate court rendered a judgment dismissing all the appeals of the Plaintiff and the Prosecutor, and the above judgment became final and conclusive.

(hereinafter referred to as the “relevant criminal case”). (c)

Article 87 (1) 3 of the Passenger Transport Act and Article 87 (1) 1 of the same Act on the ground that the plaintiff was sentenced to imprisonment without prison labor or a heavier punishment in the relevant criminal case against subparagraph 2 of Article 17 of the Child Welfare Act (1) The Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may revoke his/her qualification or suspend the validity of his/her qualification for a fixed period not exceeding six months if the plaintiff falls under any of the following subparagraphs:

Provided, That in cases falling under subparagraphs 3 and 6-2, the qualification shall be revoked.

3. Where he/she falls under Article 24(3) or (4), or Article 24(4)1(c).

(4) Any person who intends to obtain a license for driving of passenger transport business prescribed by Presidential Decree among area-passenger transport business shall fall under any of the following subparagraphs:

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