Text
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 a taxi transportation business entity that obtained a taxi transportation business license on September 28, 1973 and owns 119 licensed vehicles.
A taxi driver employed by the Plaintiff was subject to a disposition, such as an administrative fine, etc., under the Act on the Development of Taxi Transportation Business (hereinafter “Act on the Development of Taxi Development”), by committing a violation of the act of refusing passengers or allowing passengers to take passengers on a total of 29 occasions from December 11, 2016 to November 24, 2018 (hereinafter “violations, such as refusing to take passengers”) without justifiable grounds.
B. On April 23, 2019 based on the details of the above violation, the Defendant issued a disposition to suspend part of the business of 52 days to the Plaintiff (hereinafter “instant disposition”) pursuant to Article 18(1)4, etc. of the Taxi Development Act, on the ground that “the Plaintiff’s refusal to take passengers according to the number of violations, such as refusal to take passengers, employed by the Plaintiff, constitutes at least one violation index.”
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 19, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.
1) The procedural illegality (defect in the presentation of reasons) was not specifically presented by the Defendant on the premise of the instant disposition. As such, the Defendant violated the procedure for the presentation of reasons under Article 23 of the Administrative Procedures Act. 2) According to the latter part of subparagraph 1(b) of attached Table 2 of the Enforcement Decree of the taxi Development Act, the two-year starting point for the calculation of the period of violation should be the date of the first administrative disposition after January 29, 2015 in which the said Enforcement Decree was in force.
However, the defendant is free to start the period of violation by counting two years from the date of detection of the last violation in violation of the above criteria.