화물자동차운수사업법위반감차처분취소
1. The Defendant’s disposition to reduce the number of vehicles B to the Plaintiff on January 28, 2020 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. C, under title trust with D Co., Ltd., the instant vehicle B (hereinafter “instant vehicle”), entered into an entrustment contract with D to engage in trucking transport business upon being entrusted with the instant vehicle operation management right, and paid the oil price by using the oil purchase card, by releasing the amount of the actual flow over 17 occasions from the oil station to October 10, 2013 during the period from August 12, 2013 to the date from October 10, 2013 while operating the instant vehicle.
(hereinafter referred to as “previous violation”). (b)
On January 21, 2014, the head of the Daegu Metropolitan City Seo-gu Office rendered a disposition to suspend the payment of fuel subsidies to D Co., Ltd. from January 27, 2014 to July 26, 2014, pursuant to Articles 44 and 44-2 of the Trucking Transport Business Act (hereinafter referred to as the “Act”), Articles 28, 29, and 30 of the Regulations on the Management of Truck Subsidies (hereinafter referred to as the “Rules on the Management of Fuel Subsidies”), which was issued by the Ministry of Land, Infrastructure and Transport, for illegal receipt of fuel subsidies on the ground of previous violations, and to temporarily suspend the payment of fuel subsidies from January 27 to July 26, 2014.
(hereinafter referred to as “previous Disposition”). (c)
The Plaintiff acquired part of 70 trucks, such as the instant vehicle, among trucking transport businesses operated by the Plaintiff Company D from D, and reported the fact to the Defendant, and the Defendant accepted the said report on March 24, 2016.
The Plaintiff between C and C on April 5, 2016.
In the same terms and conditions as the entrustment contract mentioned in the subsection, the entrustment contract for the instant vehicle was concluded.
E. On January 28, 2020, the Defendant: (a) Articles 16, 19, 44, and 44-2 of the Act; and (b) Articles 5 and 9-15 of the Enforcement Decree of the Trucking Transport Business Act (hereinafter “Enforcement Decree”); (c) Articles 28 of the Enforcement Rule of the Trucking Transport Business Act; and (d) Articles 28 and 29 of the Regulations on the Management of Fuel Subsidies.