(1) According to the reasoning of the judgment below, the "the same category of business" under Article 59-2 (1) and (3) of the Enforcement Rule of the Automobile Transport Business Act (hereinafter the Enforcement Rule of the Act) means that the purpose of approving the establishment of an association is to protect the common interests of the business operators, and should be separated from other types of business and businesses, and the common interests of only the operators belonging to the relevant category of business should be determined separately from the other types of business in light of the purport of Article 64 (1) of the Automobile Transport Business Act (hereinafter the Act). In light of the evidence, the court below determined that the village bus transportation business association's establishment and operation of the community bus is not included in the 9th of May 9, 190 and the village bus transportation business association's establishment and operation of the community bus transportation business is not included in the 100th of the Seoul Metropolitan Government's 64th of the 64th of the 64th of the 64th of the 64th of the 1991 local bus transport business association.

(2) According to Article 64(1) and (2) of the Act, Article 2 of the Enforcement Decree of the Act, Article 2 of the Enforcement Decree of the Act, and Article 59-2(1) and (3) of the Enforcement Rule, automobile transport business operators may establish an association to promote the sound development of automobile transport business and common interests of automobile transport business operators. In order to establish the association, at least 1/5 of the promoters who are qualified as members of the association concerned shall prepare the articles of association and obtain authorization for the establishment of the Minister of Construction and Transportation after a majority of those qualified as members of the association present at the inaugural general meeting. In this case, the association shall, in principle, be established at City/Do or across the country, by consisting of automobile transport business operators belonging to the same type of business, such as automobile transport business under Article 2 of the Act and Article 2 of the Enforcement Decree of the Act, and Article 2 of the Enforcement Decree of the Act and Article 59-2(1) and (3) of the Enforcement Rule, the establishment of the association refers to a separate type of the above type of business.

Nevertheless, the court below determined that it is possible to establish a separate transportation business association for only the plaintiffs on the ground that the community bus transportation business is included in the urban bus transportation business under the Enforcement Decree of the Act, but it is not a business such as urban bus transportation business, based on the facts recognized as above. The court below erred by misapprehending the legal principles on the establishment of a transportation business association, such as Articles 64 and 2 of the Act, Article 2 of the Enforcement Decree, Article 59-2 of the Enforcement Decree, and Article 59-2 of the Enforcement Rule, and such illegality is obvious that it affected the conclusion of the judgment. Therefore

(3) Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)