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(영문) 서울행정법원 2019.01.18 2018구합6188
운수과징금부과처분취소
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 has been operating a private taxi after obtaining a private taxi transport business license from the Mayor of Seoul Special Metropolitan City as its business area.

B. On December 8, 2017, at around 18:10, the Plaintiff was carrying passengers in the vicinity of the main station located in Goyang-si, and was getting off the main station located in the same city.

C. On December 11, 2017, the Mayor of Seoul Special Metropolitan City confirmed the Plaintiff’s violation and notified the Defendant of the results of the investigation upon receiving a report that “the Plaintiff had operated business in an administrative district outside the business area” through a report on a traffic inconvenience civil petition.

On February 1, 2018, the Defendant issued a penalty surcharge of KRW 200,000 to the Plaintiff on February 1, 2018 after prior notice to the Plaintiff and hearing of opinions.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1, Eul evidence 1 to 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful on the ground that the Plaintiff: (a) caused passengers to get off and get off from the station near the station located in Yangyang-si and then, (b) caused passengers to get off and get off from the station outside the service area by arbitrarily requesting passengers to get off and get off from the train; and (c) did not run outside the service area, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Sanction against a violation of the administrative law is a sanction against the objective fact that is a violation of the administrative law in order to achieve the administrative purpose, and thus, it may be imposed even if there is no intention or negligence on the part of the violator, barring special circumstances, such as where there is a justifiable reason not to mislead the violator of the duty.

Article 88(1) and (2) and Article 85(1)6 of the Passenger Transport Service Act, and Article 3 of the Enforcement Decree of the said Act.

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