화물자동차운송사업불가처분취소
1. Revocation of a judgment of the first instance;
2. On December 29, 2016, the Defendant was not allowed to freight trucking services for the Plaintiff.
1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. From April 2001 to the termination date of the instant case, the Plaintiff asserted that the Plaintiff run a transportation business using the instant truck. The status of the title trustee and the business truster under the instant title trust and the instant consignment contract was transferred from the Dong transportation to the Co., Ltd., Babb Logistics Co., Ltd., Ltd., and the piracy integrated transport company.
Therefore, since Article 3(2) of the Addenda of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; hereinafter “Revised Trucking Transport Business Act”) (hereinafter “the Addenda of the instant case”) is the requirement of Article 3(2) of the Addenda of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 200), namely, “the person entrusted with trucking transport business to a person who runs a trucking transport business at the time of the promulgation of this Act, is the person who was entrusted with the relevant title trust and the relevant entrustment contract from December 31, 2004
(b) as shown in the attached Form of the relevant statutes;
C. 1) Article 3(1) of the former Trucking Transport Business Act (amended by Act No. 7100 of Jan. 20, 2004) adopted a registration system with respect to trucking transport business, and Article 3(4) of the same Act and Article 13 [Attachment 1] of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Construction and Transportation No. 399 of Apr. 21, 2004) demanded the holding of more than five vehicles with the registration standard number of general trucking transport business. The amended Trucking Transport Business Act strictly stricts the requirements for trucking transport business, such as converting the existing registration system into the permitted system under Article 3(1), while Articles 3(5) and 3(5) of the same Act provide the same Act.