Article 35(Revocation of License) #
(1) Where a transport business operator falls under any of the following cases, the person authorized to grant a license for a transport business may revoke his or her license or issue an order to suspend all or part of his or her business fixing a period not exceeding six months or to modify his or her business plan which accompanies abolition of a route, reduction of the number of motor vehicles, etc.; provided,, in cases falling under subparagraph 1,8 or 19, the license must be revoked: <Amended on Dec. 29, 2015; Oct. 20, 2020; Jan. 9, 2024>
1. Where he or she obtains a license (including approval for modification of license) under Article 19(1) by fraudulent or other improper means;
2. Where he or she fails to perform the matters licensed under Article 19(1) without a good cause;
3. Where he or she operates his or her business in contravention of the route, operation system, business district, scope of business, licensed period, etc., which are licensed pursuant to Article 19(1);
4. Where he or she lends any exclusive motor vehicles licensed under Article 19(1) to another person;
5. Where he or she transfers or acquires transportation business or merges his or her corporation without filing a report, in violation of Article 19(3);
6. Where he or she temporarily shuts down or closes his or her transportation business or fails to resume his or her business till after the lapse of a suspension period without obtaining permission, in violation of Article 19(4);
7. Where he or she fails to satisfy the criteria for license prescribed in Article 20; provided, this shall not apply where he or she satisfies the criteria within three months;
8. Where he or she falls under any subparagraph of Article 21; provided, this shall not apply where an executive officer of the corporation is replaced within three months in the case where the relevant executive officer falls under any ground for disqualification, and where an inheritor transfers transport business to another person within six months from the date of death of his or her predecessor;
9. Where he or she fails to commence transport service before the lapse of the date or the period designated, in violation of Article 22;
10. Where he or she fails to file a report on fares or modification of fares, in violation of Article 23 or collects unjust fares;
11. Where he or she fails to file a report on the terms and conditions of transport or on the modification thereof, in violation of Article 24, or fails to fulfill the reported terms and conditions;
12. Where he or she modifies his or her business plan without obtaining authorization or filing a report, in violation of Article 25;
13. Where he or she fails to fulfill an order to improve his or her business issued under Article 26;
14. Where he or she violates the provisions of Article 27 on the prohibition of the use of name;
15. Where he or she fails to put an indication on a motor vehicle, in violation of Article 28, at least three times a year;
16. Where he or she makes a person who fails to satisfy the requirements for transport employees under Article 24(1) through (3) of the Passenger Transport Service Act engage in driving service, in violation of Article 21(2) of the same Act, which is applied mutatis mutandis in Article 31(1);
16-2. Where he or she fails to guarantee break time, in violation of Article 21(11) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(1);
16-3. Where he or she fails to verify whether a transport employee is under the influence of alcohol, in violation of the former part of Article 21(12) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(1);
16-4. Where he or she forces a transport employee to drive a commercial motor vehicle even though the employee is deemed unable to drive safely due to drinking, in violation of the latter part of Article 21(12) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(1);
16-5. Where he or she violates the matters to be observed under Article 21(13) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(1);
16-6. Where he or she fails to install an image recording device, in violation of Article 27-3(1) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(1);
16-7. Where he or she fails to establish guidelines on the operation and management of image recording devices, in violation of Article 27-3(7) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(1);
16-8. Where he or she fails to take necessary measures to ensure training of transport employees under Article 25(2) of the Passenger Transport Service Act, which is applied mutatis mutandis in Article 31(3);
17. Where he or she fails to submit a report or documents under Article 34(1) or submits a false report or documents at least three times a year;
18. Where he or she rejects, interferes with, or evades an inspection conducted under Article 34(1), or fails to answer questions or makes a false statement;
19. Where he or she operates business during the period of business suspension, in violation of an order to suspend business issued under this Act;
20. Where he or she fails to fulfill an order to modify his or her business plan which accompanies abolition of a route, reduction of the number of motor vehicles, etc. under this Article;
21. Where he or she impairs convenient traffic for citizens due to uncertainty of operating business, remarkable aggravation of asset status, or inappropriateness for continued business for any other cause;
22. Where he or she causes death of a person or serious injury to at least three persons in a single traffic accident;
22-2. Where he or she causes traffic accidents at least twice a year, each of which causes casualties;
23. Deleted. <Dec. 29, 2015>
(2) The criteria and procedures for dispositions, and other necessary matters under paragraph (1) shall be prescribed by Presidential Decree.