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(영문) 서울고등법원 2016.11.17 2016누59746
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance, except for adding the following judgments, is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. The Plaintiff asserts that Article 10(6) of the Enforcement Rule of the Passenger Transport Service Act only provides that “The business of carrying passengers outside the business area and getting off and off from the business area in question shall be deemed to be the business of carrying passengers outside the business area and return to the business area in question,” and that the instant disposition that the Plaintiff issued on the ground that the Plaintiff carried out the business outside the business area is unlawful on the ground that the Plaintiff carried out the business in question on the ground that the Plaintiff carried out the business outside the business area and carried passengers out to another place outside the business area is excluded from the business area.

To the extent that a private taxi transport business entity implements a district system where passengers are allowed only within the business area after designating the business area, the private taxi transport business entity should immediately return to the business area according to the ordinary route of operation when the private taxi transport business entity is operating the business area to the outside of the business area. Although there is no express provision that the private taxi transport business entity is not allowed to take passengers on board to another place in order to find passengers who are to the destination of the business area, it is reasonable to interpret the said provision without any express provision. Rather, if the private taxi transport business entity carries passengers on board and operates the business outside the business area, the temporary business that goes back to the business area is allowed according to the ordinary route of operation.

Therefore, it is necessary.

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