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(영문) 광주고등법원 2015.12.03 2015누6117

영업정지처분취소

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1. Of the judgment of the court of first instance, the transportation by the Plaintiff Seaju Co., Ltd., the Plaintiff’s Hyundai Branch, and the Plaintiff limited company.

Reasons

Details of the disposition

The plaintiffs are regular trucking business operators who engage in general area cargo transportation business.

From October 20, 2005 to December 27, 2012, as indicated in the details of each Plaintiff’s violation, the Plaintiffs registered the scrapping of cars for freezing, cleaning vehicles, cash-transporting vehicles, and scambling vehicles, or substituteed them with general or special-use truck, the supply of which is limited, as indicated in attached Table 1.

(2) On October 22, 2014, the Defendant: (a) changed the vehicle in the “vehicle prior to the replacement of the said vehicle” to the “vehicle prior to the replacement of the said vehicle for the said vehicle; and (b) registered the said vehicle scrapping.” On October 22, 2014, the Defendant indicated the Plaintiffs as “the instant registered vehicle” and indicated the Plaintiffs in the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Transport Business Act”; hereinafter “former Trucking Transport Business Act”; and (c) violated the main sentence of Article 3(3) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 19(1)2651, May 26, 2015; hereinafter “the Plaintiff”) and indicated the Plaintiffs as the “ Trucking Transport Company” under the former Enforcement Decree of the Trucking Transport Business Act (amended by the Presidential Decree No. 13351, May 26, 2015).

65, 63, 62, 42, 11, 20, 20, 20, 22, 25, 25, 32, 32, and 32, and 32, respectively.