화물자동차운수사업법위반사업전부정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s status is a trucking transport business entity who engages in ordinary trucking transport business by a company established with general area cargo transport business as an objective business.
B. From November 16, 2010 to March 16, 2011, the Plaintiff: (a) forged the entry of the column in the notice of permission for trucking transport business of rescue type special vehicles issued by the Association of Daranam-do through three times, as shown in attached Table 1, by arbitrarily changing the entry of the vehicle from the column from among the notice of permission for trucking transport business of rescue type special vehicles from rescue type special vehicles to towing special vehicles; and (b) completed the registration of scrapping of rescue type special vehicles owned by the Plaintiff and borrowing of vehicles with restricted towing type special vehicles with limited new supply.
(2) On August 28, 2014, the Defendant issued a disposition of full suspension of business against the five trucks operated by the Plaintiff 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”) on the ground that “The Plaintiff changed the type of towing vehicles to a towing vehicle using a notice of change in the matters permitted for trucking transport business (vehicle scrapping)” to the Plaintiff on August 28, 2014 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including each number in the case of additional statements), the purport of the whole pleadings
2. The plaintiff's assertion
A. The scrapping of the instant building does not exceed the matters of the report on modification, and the Defendant is the matter of the permission for modification under the main sentence of Article 3(3) of the Trucking Transport Act.