beta
(영문) 서울북부지방법원 2015.01.09 2013고정1356

여객자동차운수사업법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who was the representative director of E Co., Ltd. (hereinafter “E”) established for the purpose of the chartered bus transportation business, etc. with the head office registered in Seongbuk-gu Seoul Metropolitan Government, and has resigned from the office, and is the actual operator of E, and is a person who operates passenger transport business as the representative director of F Co., Ltd. (hereinafter “F”) established for the same purpose in the same address.

A passenger transport business operator or a person who is not a transport business operator is unable to operate passenger transport business with or without compensation by using all or some of the commercial vehicles, but the Defendant committed the following offenses.

Around September 1, 2006, the Defendant acquired F from G and operated passenger transport business using a business automobile in the name of F after receiving a certain fee from I, an employee of H chartered bus, who is not a transport business entity, from G to February 2, 2013.

B. Around April 1, 2012, the Defendant acquired E from J and operated passenger transport business under the name of the said E office until December 5, 2012. Around December 1, 2012, the Defendant, who was not a transport business entity, received fees from 5 to 10% for each business item from 5 to 5% from NA, and used the passenger transport business under the name of the said E office.

2. (i) The purport of Article 13(1) of the Passenger Transport Service Act is that if a person who has obtained a license for passenger transport service has another person operate passenger transport service with or without compensation, the other person shall operate the passenger transport service.