A. Fact-misunderstanding and misapprehension of legal principles are minor parts of painting, and thus, the automobile maintenance business under the Automobile Management Act can be conducted without registration of the automobile maintenance business. The Defendant’s workplace or facility for minor painting cannot be seen as air pollution emission facilities under the Air Quality Conservation Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case to have erred by misapprehending the legal doctrine.

B. The sentence that the court below sentenced to the defendant (the penalty amount of five million won) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

(a) relevant provisions of the Automobile Management Act - The definitions of terms used in Article 2 (Definition) of the Act are as follows:

6. The term "motor vehicle management business" means a motor vehicle trading business, motor vehicle maintenance business, and motor vehicle scrapping and recycling business;

8. The term "motor vehicle maintenance business" means a business engaging in inspection and maintenance of motor vehicles (excluding two-wheeled motor vehicles), maintenance and pipes;

Provided, That the works prescribed by Ordinance of Ministry of Land, Infrastructure and Transport shall be excluded.

- A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

13. Any person who conducts a motor vehicle management business without making a registration to the head of a Si/Gun/Gu in violation of Article 53 (1); and Article 53 (Registration, etc. of Motor Vehicle Management Business) (1) Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land, Infrastructure

The same shall also apply where any registered matter is to be changed.

Provided, That this shall not apply where minor matters of registration prescribed by Presidential Decree are modified.

Enforcement Rule of the Automobile Management Act - "Enforcement Rule of the Motor Vehicle Management Act - "Matters prescribed by Ordinance of the Ministry of Construction and Transportation of national land" in the proviso to Article 2 subparagraph 8 of the Act means the following:

However, the provisions of Article 55.