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(영문) 서울행정법원 2014.12.19 2014구합14556
과징금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff obtained a license for passenger transport business on December 15, 1983, and transferred its office and garage from June 4, 2007 to 53, 1-ro, Yangcheon-gu, Seoul, to a general taxi business operator who operates a passenger transport business, and holds a total of 91 taxiss.

B. On March 20, 2008, the Defendant issued an order for business improvement including the following matters, based on Article 24(1)9 of the former Passenger Transport Service Act (amended by Act No. 8980, Mar. 21, 2008) on March 20, 2008.

(No. 208-567 of the Seoul Special Metropolitan City Public Notice No. 2008-567). If a transport employee outside a garage not falling under the "violation of the Prohibition of Use of Name" of Article 13 of the Passenger Transport Service Act fails to take a shift from the company garage after the operation is completed, if the transport employee fails to take a shift from the company garage: Article 24 of the former Public Notice No. - Business Suspension (60 days) or 1.2 million won of the fine for negligence - Employees: 50,000 won of the fine for negligence.

C. In addition, on July 25, 2013, the Defendant issued an order to improve the business, including the following, pursuant to Article 23(1)9 of the former Passenger Transport Service Act (amended by Act No. 12020, Aug. 6, 2013; hereinafter “passenger Act”), to the taxi transport business entities:

(Public Notice No. 2013-1202 of the Seoul Special Metropolitan City Public Notice No. 2013-1202, hereinafter referred to as the "instant order for business improvement"). In the event of a violation of the separate provision related to the division, the case of applying a general taxi: If a transport employee who is prohibited from the shift outside of a garage fails to take a shift from the company garage after the operation is completed, and the transport employee fails to take a shift from the company garage (the case of a violation of the prohibition of the use of name shall be

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