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(영문) 부산고등법원 2019.01.18 2018누23312
과태료 등 부과처분 취소
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Grounds for entering this case in this case by the court of the first instance and the second judgment among the judgment of the first instance

D. 1) Paragraph 1 of Article 8 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are as follows, with the exception that the following contents are added to the judgment of the court of first instance (the judgment of the court of first instance as to the disposition of the warning of this case, 8. 2. 8. 11. 1. 1. Thus, the meaning of the abbreviation used in this case is identical to that of the judgment of the court of first instance.

2) The Plaintiff additionally collected a larger amount of transportation revenue from a taxi driver who received a new vehicle, compared to a taxi driver who received a new vehicle, YF rocketing or SM5 vehicle, which is an old-type vehicle.

As such, the Plaintiff can have the effect of receiving the transfer of taxi purchase cost after the fact by collecting transportation income from taxi drivers who have received new vehicles.

If such action is permitted, passengers are more likely to be allowed by promoting the stabilization of the livelihood of taxi drivers by preventing taxi transportation business entities from transferring the purchase cost of taxi drivers and preventing the continuous operation, poor driving, refusal of boarding, etc. caused by poor working conditions.

The purpose of legislation of Article 12 (1) of the taxi Development Act, introduced for the purpose of creating an environment in which public transportation can be used safely, may lead to the elimination of the purpose of legislation.

Therefore, Article 12(1)1 of the taxi development Act explicitly states that "the cost of additionally collecting a new vehicle from a taxi driver shall be included in the cost of purchasing a taxi."

Therefore, not only directly collecting part of the cost of purchasing a taxi from a taxi driver at the time of purchasing a taxi, but also the cost is added from a taxi driver who was assigned a new vehicle after a taxi transportation business entity fully bears the cost of purchasing a taxi.

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