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(영문) 서울행정법원 2018.05.17 2017구합78278
사업일부정지처분취소
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 corporation that is engaged in taxi passenger transportation business.

B. On September 7, 2017, the Defendant confirmed that the Plaintiff received the base transport earnings from DYF Dried vehicles (hereinafter “the instant base vehicle”) from BLF rocketing vehicles (hereinafter “instant violating vehicle”) as shown in the following table, and deemed that the Plaintiff shared the purchase cost of a taxi amounting to KRW 3,000, the difference of which is the 3,000, to be borne by the taxi drivers (hereinafter “instant provisions”), and Article 12(1) of the Act on the Development of Taxi Transportation Business (hereinafter “cab Development”), Article 18(1)1, Article 21 and [Attachment 2] Article 21 of the Enforcement Decree of the Act on the Development of Taxi Transportation Business (hereinafter “Enforcement Decree of the taxi Development Act”), and Article 21 of the [Attachment 2] of the Enforcement Decree of the Act on the Development of Taxi Transportation Business (hereinafter “Enforcement Decree of the taxi Development Business”), and Article 21 of the “the number of the taxi directly related to the number of the taxi under subparagraph 3 of the said Act”.

E, the 90-day order of partial suspension of the business (from September 19, 2017 to December 17, 2017) was issued with respect to vehicles E, C.

Category of Vehicles (Time of Purchase) Standard Transport Income (HF Engine) difference in the number of YF Had on July 18, 2017 (hereinafter August 18, 2015) 126,000 LF LF LF 126,000 D (base vehicle of this case) 3,000 won (hereinafter December 10, 2014) 129,000 149,000 B (violation vehicle of this case)

C. On March 28, 2018, the Defendant revoked a disposition ordering the Plaintiff to suspend part of the business for D (the instant base vehicle) and E with respect to the Plaintiff, and only the disposition ordering the Plaintiff to suspend part of the business for 90 days (hereinafter “instant disposition”).

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