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(영문) 대구고등법원 2017.12.22 2017누6274
개인택시운송사업면허취소처분취소
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 reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for modification or addition of a trial decision as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A corrected or added portion;

A. In the first instance court’s first instance court’s second to third part, it is insufficient to recognize that “this case’s disposition cannot be deemed to be in violation of the law of deviation or abuse of discretion, and the Plaintiff’s assertion is without merit.” The written statement of evidence Nos. 1 through 13 (including a provisional number) submitted by the Plaintiff is insufficient to acknowledge that “the Defendant’s disposition of this case is an abuse of discretion in violation of the principle of mistake of facts or proportionality.” Therefore, the Plaintiff’s above assertion is not acceptable.”

B. We add to the judgment of the first instance court on the following arguments between the first and second instances.

The Plaintiff’s argument on the Plaintiff’s argument is that ① the date of the occurrence of the sexual assault crime B, a transferor of a private taxi transport business, on June 10, 2015; the date of the authorization for transfer or acquisition of the said transport business on July 17, 2015; and the date of the criminal judgment on the said sexual assault crime, on August 27, 2015; and the date of the sentence of the criminal judgment on the said sexual assault crime, “the facts constituting the cause of cancellation” of the instant disposition, is deemed as the date of the transfer or acquisition of the said transport business. As such, there was no reason for disposition yet at the time of the transfer or acquisition of the said transport business; ② the Defendant neglected to investigate the transferor before the date of the above transfer or acquisition approval; and ② the Defendant issued the instant disposition after neglecting the duty of investigation in spite of the occurrence of the cause of the cancellation of the transport employee’s qualification; ③ in the said criminal judgment, B was sentenced to a suspended sentence of imprisonment without prison labor or heavier as a concurrent crime, and expected to be prosecuted.

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