(a) Criteria for determining whether a “serious traffic accident” is referred to in Article 31(1)5 of the Automobile Transport Business Act;

(b) The case holding that a disposition to revoke an automobile transportation business license is lawful where a driver or passenger dies due to an excessive driving;

A. Whether it is a serious traffic accident under Article 31 (1) 5 of the Automobile Transport Business Act shall be determined according to whether such an accident is ordinarily likely to occur, by comprehensively considering the degree of driver's negligence, damage situations, accident circumstance, victim's negligence, impact on the general society, etc.

B. An accident in which a taxi driver and his/her passenger died due to his/her negligence while driving at night due to his/her negligence in a considerable speed, shall be deemed to be a serious traffic accident as prescribed by the Automobile Transport Business Act, and the revocation of the license for the automobile transport business shall not be deemed to have exceeded the scope of discretion, limited to 94 taxis owned by the Plaintiff Company which caused the said accident.

Article 31 of the Automobile Transport Business Act

Attorney Kim Jung-young et al., Counsel for the defendant-appellant

Seoul Special Metropolitan City Mayor

Seoul High Court Decision 88Gu8182 delivered on June 8, 1989

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

The issue of whether it is a serious traffic accident under Article 31 (1) 5 of the Automobile Transport Business Act shall be determined by comprehensively considering the degree of driver's negligence, damage situations, circumstances of accidents, victims' negligence, and impacts on the general society. The reasoning of the judgment of the court below is as follows: (i) Nonparty 1, a driver of the plaintiff company, was examined by records; (ii) around 02:40 on October 11, 1987, 100 U.S. 3431, driving the Posi-dong in Gangnam-gu, Seoul; (iii) the driver of the plaintiff company did not have any serious traffic accident at the time of the above-mentioned 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 2nd of the 3nd of the 2nd of the 2nd underground accident.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Yong-dong (Presiding Justice)