여객자동차운수사업법위반
The defendant shall be innocent.
1. No trucking business operator who is not a trucking business operator shall operate passenger transport business with compensation by having a person who is not a trucking business operator use his/her commercial motor vehicle, and no person who is not a trucking business operator shall operate passenger transport business with a part of his/her commercial motor vehicle under the name of himself
The Defendant was a taxi driver of the foregoing B Co., Ltd. (hereinafter “B”) and is not a trucking business operator.
On July 2016, the Defendant entered into a verbal agreement between B and C to rent D, which is a business automobile of B, as the monthly rent of KRW 2.6 million, and accordingly, C paid C the rent of KRW 2.6 million per month to the said taxi, and had C drive the taxi, and had E and F operate the taxi and distribute profits therefrom to the said taxi.
In addition, from that time until August 18, 2018, the Defendant leased 5 taxis from C to run the general taxi transportation business, such as the list of crimes in attached Form C.
2. Determination
A. Article 12(1) of the Passenger Transport Service Act provides that “A transport business entity shall not have another transport business entity or a person who is not a transport business entity operate passenger transport business with or without compensation by using any or all of its commercial automobiles.” Article 12(3) of the same Act provides that “A person who is not a transport business entity shall not operate passenger transport business under his/her own or another person’s name by using any or all of its commercial automobiles.”
The legislative purpose of these regulations is to allow a person who has obtained a license for passenger transport business to operate passenger transport business with or without compensation.