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(영문) 제주지방법원 2020.07.07 2018구합6120
등록취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (hereinafter referred to as “Special Act on Jeju”) was amended by Act No. 15500 on March 20, 2018 and enforced September 21, 2018, Article 427-2 was newly established.

(hereinafter referred to as the “Revision of the Special Act on Jeju”). According to the foregoing new provision, the Defendant may establish a plan for the adjustment of supply and demand of rent-a-car business after deliberation by the Control of Supply and Demand of Rent Business Committee, and may restrict the registration of rent-a-car business for a certain period of up to three

According to the amendment of the Jeju Special Act on Jeju Special Self-Governing Province (hereinafter referred to as the "Ordinance of Jeju Special Self-Governing Province"), the Ordinance of Jeju Special Self-Governing Province (hereinafter referred to as the "Ordinance of this case") was amended on July 13, 2018, and Articles 41-2 through 41-5 were newly established.

These new provisions stipulate the procedures for the adjustment of supply and demand of rent-a-car business and adjustment of supply and demand, and the composition and deliberation of car rental business adjustment committee.

Upon its resolution at the plenary session of the National Assembly on February 28, 2018, Jeju Special Self-Governing Province established and announced a plan to prevent the increase and inflow of sirens due to the implementation of the supply and demand control of sirens [Guidelines] (hereinafter “instant plan”) on March 14, 2018.

The instant plan provides that “In principle, a garage shall be secured before March 2, 2018, and a car rental business shall be newly registered only when a car sales contract has been concluded.”

The instant plan was partially amended on April 16, 2018 only with respect to the application for the registration of capital increase.

On September 14, 2018, the Plaintiff filed an application with the Defendant for registration of rent-a-car business (hereinafter “instant application”), and the Defendant rendered the instant disposition that rejected the said application to the Plaintiff on September 21, 2018 after undergoing the 15th deliberation by the subcommittee of the Jeju Special Self-Governing Province Traffic Committee on September 19, 2018.

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