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(영문) 수원지방법원 2018.11.14 2018구단8287
개인택시운송사업면허취소처분취소
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. On March 13, 2018, the Defendant issued a “public announcement of application for a license for private taxi transport business in 2018” as prescribed by Article 2018-1019 (hereinafter “instant public announcement”). The main contents of the instant public announcement are as follows: The number of licensed private taxi transport businesses: 55 units of private taxi transport businesses, 6 units of buses: 6 units of buses: 4 units of service, 3 units of service: 3 units of service, 3 units of service, and 2 units of military vehicles: The ratio of allocating the license by type of business and the order of priority in issuing the private taxi (attached Table) among those who have no grounds for disqualification in the documents for application for the license:

(a) Unaccidented driving career: The career from the date of the final traffic accident entered in the register of driver's licenses under Article 38 (2) of the Enforcement Rule of the Road Traffic Act to the date of public announcement of an application for licenses, and the term "traffic accident" means all the accidents recorded in the register of driver's licenses, regardless of

Provided, That in any of the following cases, it shall be deemed an accident-free:

1) Where it is recognized that there is no driver's negligence due to a judgment of innocence, etc. on the relevant traffic accident; 2) Where it is deemed that there is no driver's negligence due to a written reason for non-prosecution disposition or a written reason for non-prosecution disposition among the traffic accidents

(b) Driving career: A person who has engaged in driving practice of motor vehicles or construction machinery prescribed in attached Table from the date of acquisition of a driver's license to the date of public announcement of application for a license, but is deemed different from the continuous service period

Attached Table;

B. On April 5, 2018, the Plaintiff with disabilities Grade III applied for a license for a personal taxi transportation business for the disabled sector among the licenses allocated to the Defendant according to the publication of the instant application.

C. The Defendant calculated the Plaintiff’s accidentless driving experience based on the certificate of driving experience issued by the National Police Agency, and was excluded from the Plaintiff on June 1, 2018.

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