(영문) 서울행정법원 2016.01.28 2015구합70072

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(영문) 서울행정법원 2016.01.28 2015구합70072

개인택시운송사업면허취소처분취소

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1. On July 6, 2015, the Seoul Special Metropolitan City Mayor issued a disposition revoking the license of a personal taxi transport business with respect to the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 9, 1990, the Plaintiff’s license for private taxi transport business (hereinafter “the instant transport business license”) was obtained, and died on March 12, 2015 while running private taxi transport business (C). The heir, including the Plaintiff, agreed to inherit the instant transport business license of the deceased.

B. On July 26, 1992, the Deceased revoked the driver's license on the ground of driving under influence of alcohol, but he did not revoke the driver's license on the ground that he did not obtain the driver's license on his own taxi again before he dies.

C. On May 7, 2015, the Plaintiff reported the inheritance of passenger transport business to the head of Guro-gu Seoul Metropolitan Government (hereinafter “the head of the Defendant”). However, on May 8, 2015, the said Defendant returned the Plaintiff’s inheritance report on the ground that the Defendant Seoul Metropolitan Government Mayor (hereinafter “Defendant Mayor”) requested revocation of the deceased’s personal taxi license and is being processed.

(hereinafter “instant return disposition”) D.

On July 6, 2015, the Defendant Mayor notified the Plaintiff of the revocation of the instant transportation business license of the Deceased on the ground that the driver’s license of the Plaintiff was revoked due to driving under the influence of alcohol.

(hereinafter referred to as “instant disposition of revocation”). [Grounds for recognition] without dispute; Gap evidence Nos. 1, 2, 4 through 9; Gap evidence No. 3-1, 2; Eul evidence No. 1, 2; Eul evidence No. 1, 2; Eul evidence No. 1; and the purport of the whole pleadings;

2. Whether the disposition is lawful;

A. The disposition of revocation of this case is unlawful for the following reasons, and the return of this case, which rejected the plaintiff's inheritance report on the ground of the above disposition of revocation, is also unlawful.

① The other party to the disposition of revocation of the instant case shall be the Deceased. As the Deceased has already died, the revocation of the instant case is impossible.

(2) The Deceased shall have his/her driver's license revoked due to drinking.

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