The Constitutional Court ruled that the legal provision requiring the cancellation of the taxi driver's private taxi license who was sentenced to a suspended sentence for the charge of retaliatory assault is constitutional.
On the 27th, the Constitutional Court unanimously decided in the case filed by Mr. A, who was active as a private taxi driver in Jinju, against Article 85 (1) of the Passenger Transport Service Act, stating that 'the legal provision does not violate the Constitution.'
Mr. A has been working as a private taxi driver since 2018. Meanwhile, he was indicted on charges of violating the Act on the Aggravated Punishment, including retaliatory assault and threats, and was sentenced to 1 year and 6 months in prison with a 3-year suspended sentence in the first trial. This ruling was finalized in May 2020.
That year, the mayor of Jinju canceled Mr. A's private taxi license. This is because the Passenger Transport Service Act states that the governor can revoke the qualification of a person who has been sentenced to a prison term of more than two years for committing a specific crime.
In response, Mr. A filed a constitutional complaint, stating that 'the uniform prohibition of obtaining a private taxi driver's license during the suspended sentence period infringes on the constitutional freedom to pursue a profession and property rights.'
However, the Constitutional Court did not accept Mr. A's argument. The court stated, 'The provision for canceling the private taxi license is intended to deter private taxi operators from committing retaliatory crimes under the Aggravated Punishment Act.' It also noted that 'preventing unqualified operators with a lack of compliance from engaging in private taxi operations contributes to traffic safety.' Furthermore, it stated, 'Even if the license is canceled, individuals can reacquire the license by meeting the requirements again; thus, the sanction cannot be considered excessive.'