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(영문) 의정부지방법원 2015.10.28 2013구단15574

사업정지처분 취소

Text

1. On December 16, 2013, the Defendant’s disposition suspending the entire business for 60 days after restitution to the Plaintiff is revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a trucking service provider who applied for a permit for trucking transport business to the Defendant and obtained a permit for trucking transport business for ordinary cargo.

B. Meanwhile, between April 200 and October 10, Nonparty A, etc.: (a) forged a notification of the change of permitted matters due to the scrapping of trucks by the trucking transport business association; and (b) replaced 23 vehicles, such as a camera, scraper, and complaint work car, which correspond to “general trucks, etc.” (hereinafter “the instant scrapping of trucks”); and (c) the said 23 vehicles were finally transferred to the Plaintiff through all special cases, new mail transportation companies, and so on.

After taking over each of the vehicles demolished between October 2007 and November 2007, the Plaintiff changed the registration number of each of the above vehicles, which was “B,” and the registration number of each of the above vehicles was changed to “C,” as shown in attached Table 1.

(hereinafter referred to as “each of the instant vehicles” in attached Form 1)

C. Since then, the Defendant accepted the report on the transfer and acquisition of each of the instant vehicles.

On December 16, 2013, the Defendant: (a) notified the Gwangju Metropolitan City Provincial Police Agency that each of the instant vehicles was illegally changed by a vehicle; and (b) on the ground that each of the instant vehicles constitutes an illegal change of the type of the instant truck that is subject to permission by unlawful means without obtaining lawful permission for change under the former Trucking Law; (c) pursuant to Article 19(1)2 of the Trucking Transport Business Act and Article 5 of the Enforcement Decree of the same Act, the Defendant reinstates the violation of each of the instant vehicles (23 vehicles) by January 12, 2014, as shown in attached Form 2, to reinstate the relevant ordinary truck by January 12, 2014; and (d)