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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of "the additional determination of the second instance" in Paragraph (2) below, and the addition of "the relevant Acts and subordinate statutes added in the second instance" in the attached Form 2, and therefore, it is identical to the part of the reasoning of the first instance judgment. Thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the
2. Matters to be judged additionally by the second instance;
A. According to Article 85 of the former Passenger Transport Service Act (amended by Act No. 1295, Feb. 1, 2012; hereinafter “former Passenger Transport Service Act”) and Article 41 of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 23922, Jun. 29, 2012; hereinafter “former Enforcement Decree of the Passenger Transport Service Act”), where the driver’s license of a private taxi transport business entity is revoked, the business license must be revoked. The above provisions violate the Constitution for the following reasons.
1) A license for private taxi transport business under the former Passenger Transport Act is granted for transfer and inheritance, and the cancellation of a license for private taxi transport business is a kind of the right to private property, not for violation of laws and regulations related to the acquisition of a license for business but for violation of the Road Traffic Act is in violation of the Constitution by administrative disposition. (2) If a license is revoked due to a violation of the Road Traffic Act, there is no disadvantage to the general public in the event of the cancellation of the license, while the cancellation of the license for private taxi transport
In addition, when compared to the cancellation of driver's license in case of a corporation taxi driver or private cargo transport business operator under the Trucking Transport Business Act, it is against the principle of equality that the driver's license is revoked only in case of private taxi transport business operator.
B. The driver’s license of the private taxi transportation business entity is revoked.