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(영문) 대구지방법원 2014.10.31 2014구합1231

사업전부정지 등 처분 취소

Text

1. On May 20, 2014, the Defendant’s disposition of restitution to the Plaintiff and the disposition of restitution of fuel subsidies shall be revoked.

Reasons

1. The transferee of the vehicle number of the previous transferee on the date of transfer and registration of the vehicle number of the previous transferee on June 19, 2009 (DaDD) and the transferee on July 8, 2009 (B) E on July 21, 2009 (FG G G on July 31, 2009) who was Bo Young-ro Co., Ltd. on July 27, 2009 (hereinafter referred to as the "FG") on July 27, 2009. < Amended by Presidential Decree No. 21634, Aug. 7, 2009>

On June 2009 to August 2009, the Plaintiff, as a general trucking transport business operator, acquired a truck from Geum River-ro, etc., and reported the transfer or acquisition of freight (part of freight) to the Defendant, and completed the lease and lending registration as a general truck.

(hereinafter referred to as “each of the instant vehicles” and “B of the instant violating vehicles” are b.

The Defendant determined that each of the instant vehicles was a general truck with limited specific-use truck that is permitted to be supplied by the instant truck, and that it was an unlawfully modified vehicle by filing a report on the scrapping of the instant truck (hereinafter “vehicle scrapping”). On April 29, 2014, pursuant to Articles 3(3) and (5)1, 19(1)2, 44, and 44-2 of the Trucking Transport Business Act (hereinafter “ Trucking Business Act”), the Defendant issued a disposition to suspend the Plaintiff’s business (47 units) for 30 days (47 units) of the total suspension period: May 15, 2014 to June 13, 2014); the disposition to reinstate the instant violating vehicle (general-type truck cleaning vehicles) (the period: from May 29 to May 14, 2014); and the disposition to suspend payment for 14 months to May 14, 2014 (the period of suspension of payment).

C. When the Plaintiff requested the Defendant to extend the period for performance of the above disposition, the Defendant: (a) on May 20, 2014, based on the grounds for the previous disposition and the relevant statutes, and (b) on the basis of the attached Table 1, the entire business suspension (see the details of vehicles subject to disposition 47 and attached Form 2); (c) on a 30-day basis; (d) a restoration of the vehicle in violation of the foregoing disposition; and (e) a recovery of oil subsidies; and (e) a suspension of payment for six months