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(영문) 서울행정법원 2019.03.28 2018구합6447
택시운전자격증3차 자격취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is engaged in driving service of taxi transport business as a person who has acquired the qualification for taxi driving.

B. On June 27, 2018, around 21:44, the Plaintiff was unfairly charged by the Defendant’s employees from two foreign passengers (hereinafter “instant passengers”) before the Jung-gu Seoul Metropolitan Government “C shopping mall” (hereinafter “C”).

C. On September 10, 2018, the Defendant issued a disposition to revoke an administrative fine of 400,000 won and the Plaintiff’s qualification for driving duty (hereinafter “instant disposition”), based on Articles 16 and 18 of the Act on the Development of Taxi Transportation Business (hereinafter “ taxi Development Act”) and Article 21 and [Attachment Table 2] of the Enforcement Decree of the same Act, and Article 12 and [Attachment Table 2] of the Enforcement Rule of the same Act, on the ground that “the Plaintiff received unfair fees from the instant passenger who is a foreign passenger” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-4, 5, and 6-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the instant disposition is unlawful, since the Plaintiff did not receive any unfair charge from the passengers of this case.

B. The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) On June 27, 2018, around 21:44, 2018, the instant passenger was investigated immediately after the passenger left the Plaintiff’s taxi.

The above Control Board demanded 8,000 won as a charge to “A” before the passengers of this case board, and paid 8,000 won to the Plaintiff upon arrival of the passengers of this case in C, while the passengers of this case were investigating the passengers of this case, the Plaintiff prepared a confirmation document to the effect that “A” the passengers of this case were deprived of KRW 3,00,00.

B. The defendant belongs to the defendant;

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