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(영문) 부산지방법원 2018.09.07 2017구합23521
과태료 등 부과처분 취소
Text

1. The part of the lawsuit in this case concerning the primary claim against the imposition of a fine for negligence shall be dismissed;

2. The plaintiff's remainder.

Reasons

Details of the disposition

On November 30, 1963, the Plaintiff was a corporation established for the purpose of general passenger transport service, etc., and runs a taxi transport business in Busan Metropolitan Citywon from that time.

Plaintiff

On February 9, 2017, the affiliated transport employee filed a civil petition with the Defendant stating that “the Plaintiff is carrying a new vehicle from December 2, 2016 to February 2, 2017 and prepares a vehicle special management agreement and collects a part of the vehicle price to the transport employee in the form of advance payment.”

Accordingly, as a result of the Plaintiff’s instruction and inspection, the Defendant confirmed that the Plaintiff collected new vehicles (LF Lasty) from the taxi drivers affiliated with the Plaintiff, and deemed that the purchase cost of new vehicles equivalent to the additionally collected amount was transferred to the taxi drivers, and issued a warning and imposition of administrative fines on August 14, 2018 under Article 12(1) of the Act on the Development of the Taxi Transportation Business (hereinafter “the taxi Development Act”), Articles 19, 21 [Attachment 2] and 25 [Attachment 3] of the Enforcement Decree of the same Act, based on the notice of disposition and the procedures for submitting opinions, the Defendant issued a notice and imposition of administrative fines as follows.

(A) The Plaintiff’s assertion of the purport of the pleading and the Plaintiff’s assertion as to the instant warning disposition, and the Plaintiff’s assertion of the following: (a) the Plaintiff’s statement as to the instant warning disposition; (b) the Plaintiff’s statement as to the Plaintiff’s violation of the prohibition of provisional payment prior to the Plaintiff’s transport costs; and (c) the Plaintiff’s violation of Article 25 [Attachment 3] of the Enforcement Decree, taking into account the Plaintiff’s violation of the prohibition of provisional payment prior to the Plaintiff’s transport costs; and (d) the degree of violation of the imposition of an administrative fine of KRW 2.5 million; (b) the motive and consequence of the violation; and (c) there is no dispute (based on recognition]; and (d) the Plaintiff’s assertion of the purport of the entire pleading and the Plaintiff’s assertion as to the instant warning disposition; and (

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