logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.07.01 2019누12544
개인택시운송사업신규면허불가처분취소
Text

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 reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(other than the statute, an abbreviationd name is also used).

A. Article 4(3)1 of the former Passenger Transport Service Act (amended by Act No. 1596, Dec. 18, 2018; hereinafter “passenger Transport Service Act”) of the Plaintiff’s assertion does not provide for the procedure of “registration”, and thus, Article 4(3)1 of the Guidelines for Handling License Affairs of Private Taxi Transport Business (hereinafter “instant Guidelines”) provides that “the principal office or a place of business registered at the time permissible under the Passenger Transport Service Act” shall be construed as a combined interpretation in light of the legislative intent, purport of delegation, etc. of the said Guidelines. In such interpretation, the J business established at the I (O) of the ICE shall be construed as “the principal office or a place of business registered at the time of permitted under the Passenger Transport Service Act.”

Even if J’s place of business does not constitute “the principal office or place of business registered at the permissible time in accordance with the Passenger Transport Act,” under Article 4(4) of the instant Directive, such qualification requirements may be mitigated if deemed necessary by the mayor in light of regional circumstances, such as the supply and demand of drivers at permissible time, etc. However, it is unlawful to render a new disposition to deny a license solely on the ground that it fails to meet the requirements of Article 4(2) and (3) of the instant Directive without reasonable comparative balancing through such discretionary reduction regulations.

Furthermore, the issue of whether a principal office or a place of business is registered at the time of acceptance in accordance with the Passenger Transport Act is based on the business judgment of bus operators who are not related to bus drivers.

arrow