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(영문) 서울행정법원 2015.04.24 2014구합18541
개인택시운송사업면허취소처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 21, 2013, the Plaintiff was sentenced to a suspended sentence of two years for six months from the Seoul Western District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles). The judgment became final and conclusive on May 29, 2013.

B. On November 14, 2013, the Minister of Land, Infrastructure and Transport notified the Defendant of the result of the above final judgment.

C. Accordingly, on December 16, 2013, the Defendant revoked the Plaintiff’s qualification for taxi driving on the grounds of the final judgment, and revoked the Plaintiff’s license for private taxi transport business on January 14, 2014 following the revocation of the said qualification for taxi driving.

(hereinafter referred to as the "instant disposition" in addition to the disposition of revocation of qualification for taxi driving and the disposition of revocation of private taxi transport business license.

The Plaintiff was notified of the instant disposition by the Defendant on January 2014, and filed the instant lawsuit on October 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio.

A lawsuit for cancellation shall be instituted within 90 days after the disposition is known.

(Article 20(1) main text of the Administrative Litigation Act. However, the Plaintiff filed the instant lawsuit on October 21, 2014 with the knowledge of the instant disposition after being notified of the instant disposition in January 2014.

The lawsuit of this case expired the period of filing the lawsuit stipulated in Article 20 (1) of the Administrative Litigation Act.

Therefore, the instant lawsuit is unlawful.

3. We decide to dismiss the instant lawsuit in accordance with the conclusion of the judgment, and it is so decided as per Disposition.

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