특정범죄가중처벌등에관한법률위반(뇌물)
[Defendant L, M] Defendant L and M shall be punished by imprisonment with prison labor for two years and six months.
[Defendant N] Defendant N was punished by imprisonment with prison labor of one year and six months.
Punishment of the crime
【Basic Facts】
1. Permission for trucking transport business;
A. Trucking transport business is a business that transports cargo with compensation using a truck (Article 2 subparagraph 3 of the Trucking Transport Business Act; hereinafter "the same Act") in compliance with another person's request, and the government has changed the trucking transport business from the registration system to the license system in order to prevent damage caused by over-competitive competition and to resolve the imbalance of supply and demand by increasing the number of trucking transport business and trucking transport business compared to the limited transport volume.
B. Therefore, a person who intends to operate a trucking transport business shall obtain permission from the Minister of Land, Infrastructure and Transport (hereinafter “the Minister of Land, Infrastructure and Transport”) from the Minister of Land, Infrastructure and Transport (hereinafter “the Minister of Land, Infrastructure and Transport”) to change to “the Minister of Land, Infrastructure and Transport” (Article 3(1) of the same Act). In order for a person who has obtained permission for trucking transport business to change permitted matters, he/she shall obtain permission for change from the Minister of Land, Infrastructure and Transport (the main sentence of Article 3(3) of the same Act), and permission for change accompanied by permission or increase of trucks shall meet the standards for supply by type of business,
(Article 3(5)(c) of the same Act.
However, the Minister of Land, Infrastructure and Transport delegated his/her authority to permit and change trucking transport business to the Mayor/Do Governor, and the Mayor/Do Governor re-endorses the same
(Article 63(1)2 of the same Act and Article 14(1) and (2) of the Enforcement Decree of the same Act.
On the other hand, the Minister of Land, Infrastructure and Transport annually publishes the standards for supply (permission) according to the type of trucking transport business in consideration of the demand for cargo transport. The contents of the standards are prohibited from new supply (permission) of trucking transport business from 2004 and they are specially manufactured to transport specific cargo.