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(영문) 서울고등법원 2019.04.09 2018누69051
경고처분취소
Text

1. The part against the plaintiffs in the judgment of the first instance is revoked.

2. All of the plaintiffs' lawsuits of this case are dismissed.

3...

Reasons

Details of the disposition

A. The Plaintiffs are companies running taxi transportation business with their business area located in Seoul Special Metropolitan City.

The Defendant is an administrative agency that is delegated by the Minister of Land, Infrastructure and Transport with the authority to impose sanctions, etc. against taxi transportation business entities pursuant to Article 20(1) of the Act on the Development of Taxi Transportation Business (hereinafter referred to as “Tax Act”) and Article 23(2) of the Enforcement Decree of the Act on the Development of Taxi Transportation Business (hereinafter referred to

B. Around 2017, public officials belonging to Seoul Special Metropolitan City conducted a fact-finding survey on the violation of Article 12 of the Taxi Development Act against taxi transportation business entities working in Seoul Special Metropolitan City.

Through the results of the above fact-finding survey, the defendant collected more amount of transportation revenue from taxi drivers who have received new vehicles compared to those of taxi drivers who have received new vehicles as shown in the attached list, and transferred the taxi purchase cost to the taxi drivers. The defendant concluded that the plaintiff collected oil cost for excess use and transferred the oil cost to the taxi drivers.

C. Accordingly, the Defendant issued each warning to the Plaintiffs pursuant to Article 18 of the taxi Development Act on the ground that the relevant Plaintiffs violated Article 12(1) of the taxi development Act by committing each of the pertinent violations listed in the separate list on the corresponding disposition date as stated in the separate list.

(2) The Defendant’s defense prior to the instant lawsuit is merely a simple warning disposition, and the Plaintiffs’ defense prior to the instant lawsuit is merely the validity of the Plaintiff’s taxi transport business license or taxi transport business. The Plaintiffs’ defense prior to the instant lawsuit is merely a mere warning disposition, and in itself, the validity of the Plaintiff’s taxi transport business license or taxi transport business.

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