사업전부정지처분 취소 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Details of the disposition;
A. The Plaintiff, including the Plaintiff’s car scrapping, operated general trucking transport business, filed a report on the car scrapping (hereinafter “report on the car scrapping in this case”) with the general or special-use trucking trucks, the supply of which is restricted, as shown in the attached Table 1 list, and registered the car scrapping in accordance with the acceptance of the report, or acquired the vehicle which was registered for the car scrapping in this way.
(hereinafter referred to as “each of the instant vehicles” in the separate sheet No. 1 “type of the vehicle before the scrapping of the vehicle,” and “the instant registration” in total of the registration of the scrapping of the said vehicle.
On October 22, 2014, the head of Gwangju Metropolitan City Si/Gun/Gu issued a disposition to the Plaintiff on the ground that “The head of the Si/Gun/Gu of Gwangju Metropolitan City changed and registered each of the instant vehicles, which are special-purpose trucks permitted to be supplied by the instant registration, into a truck with limited general type, such as the supply of each of the instant vehicles.” This disposition issued a disposition to suspend the entire business (hereinafter “instant disposition”) for the entire truck (38 vehicles) owned by the Plaintiff pursuant to Article 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; Presidential Decree No. 26251, May 26, 2015) on the ground that “The instant disposition was made without obtaining permission for modification, but without obtaining permission for modification.”
C. The Plaintiff was dissatisfied with the instant disposition and filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission on November 13, 2014, but the said commission dismissed the Plaintiff’s appeal on May 22, 2015.
Part of the Enforcement Decree of the Trucking Transport Business Act is amended.