beta
(영문) 광주지방법원 2015.07.16 2014구합11847

영업정지처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are companies that run the general trucking transport business by companies established for the purpose of the general area trucking transport business.

The plaintiffs, as indicated in the details of the violation of attached Table 1, filed a report on the replacement of the plaintiffs to a general type of truck, such as a general type of truck, the supply of which is allowed by the plaintiffs from October 20, 205 to August 27, 2012, is limited.

(2) On October 22, 2014, the Defendant issued a disposition of full suspension of business pursuant to Article 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) of the Enforcement Decree of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) to the Plaintiffs on the ground that “The Defendant changed the type of vehicles for special use, which are permitted to be supplied, into vehicles for special use, and changed the permitted matters without obtaining permission for change, or obtained permission for change by illegal means.”

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 and 2, Eul's evidence Nos. 1 and 5 (including each number number), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the relevant laws and regulations are not subject to the report of modification, and the defendant made each of the dispositions of this case on the premise that the car scrapping of this case is subject to the permission of modification under the main sentence of Article 3 (3) of the Trucking Transport Business Act. However, in the interpretation of the relevant provisions, it is limited to the case where the type of transport business or the number of all the trucks is changed. Therefore, the car scrapping of this case is limited to the construction cost of the special purpose-type truck, such as the general type in which the supply is restricted, but without any change in the number of all the