여객자동차운수사업법위반
The judgment below is reversed, and the case is remanded to Jeju District Court Panel Division.
The grounds of appeal are examined.
1. The summary of the facts charged in the instant case against the Defendant is as follows: “The Defendant is a person engaged in the travel agency in the course of operating a travel agency, and entered into a contract to lend a siren with the qualification of the agent of the automobile rental business entity A, A, a vehicle rental business entity, at a rate lower than that of the terms and conditions of the lease reported by A, and accordingly, A, A, pursuant to the terms and conditions of the contract, failed to perform the terms and conditions of the lease reported at a price lower than that of the reported terms and conditions of lease while lending A, A, a travel agent, in accordance with the terms and conditions of the contract.” The lower court found the Defendant guilty of all of the facts charged in the instant case on the ground that the Defendant’s passenger transport service (amended by Act No. 11295, Feb. 1, 2012; hereinafter “the Act”) constituted “the surrounding agent of A, a corporation registered for the automobile rental business” as stipulated in Article 93 of the former Passenger Transport Service Act.
2. However, the lower court’s determination is difficult to accept for the following reasons.
Article 31 (1) of the Act provides that a motor vehicle rental business operator shall determine the rental terms and conditions and report them to the Mayor/Do Governor, and Article 92 (9) of the Act provides that a motor vehicle rental business operator shall be punished by a fine not exceeding KRW 10 million if he/she fails to comply with the reported rental terms and conditions.
In addition, Article 93 of the Act provides that if a representative of a corporation, or an “agent, employee, or other worker” of a corporation or an individual commits an offense under Article 92 in connection with the business of the corporation or the individual, not only shall the offender be punished, but also the corporation or the individual shall be punished by a fine
Meanwhile, Article 3 subparagraph 1 of the Tourism Promotion Act provides that travelers or operators of transportation facilities, accommodation facilities, and other facilities incidental to travel.