화물자동차운수사업법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant is in charge of waste collection and transportation disposal under the entrustment of the office of the Daejeon Metropolitan City, and the ownership of the above wastes cannot be deemed to belong to the defendant, and in the event of the occurrence of a problem such as loss or damage in the course of transporting wastes, there is no specific provision in the Wastes Control Act as to the liability of the defendant company, and there is a need to apply the Trucking Transport Business Act in such a case. In light of the above, the court below found the defendant company not guilty of the facts charged in this case, despite the fact that the act
2. Determination
A. The judgment of the court below of this case is in violation of Article 3 (1) of the Trucking Transport Business Act by running trucking transport business without permission by the defendant company, and as to whether the act of transporting recyclables by the defendant company constitutes "transport for value" under the Trucking Transport Business Act, the court below is questionable as to whether the act of transporting recyclables by the defendant company constitutes "the act of receiving money from the owner of the goods or by transferring the goods owned by the owner of the goods or by a third party to the designated place by the owner of the goods", and there is a question as to whether the act of transporting recyclables as a kind of waste constitutes "the act of transferring the goods" subject to commercial transport, and the producer of the recyclables of the Daejeon Metropolitan City already renounced ownership by dumping it and entrusted the collection, transportation, and disposal of the goods to the defendant company to properly process it.