1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Details to be added; and

A. While Article 16(4) of the former Trucking Transport Business Act (amended by Act No. 12475, Mar. 18, 2014; hereinafter “former Trucking Transport Business Act”) provides that the transferee succeeds to the status of the transferor as a trucking business operator, the transferee is merely a trucking business operator and the transferor does not engage in any act related to the transport business, and the transferee cannot be deemed to have received subsidies by fraud or other improper means. In light of the fact that the transferee cannot be deemed to have received subsidies by fraud or other improper means, based on the above provision, the transferee cannot take a disposition to recover the oil subsidies against the transferee in good faith. ② If the above provision is interpreted as a provision that imposes sanctions against the transferee in good faith, the above provision is unconstitutional contrary to the principle of trust protection or the principle of self-responsibility.

B. First, we examine the above (1) argument.

In light of the circumstances described in the judgment of the first instance court, the competent authority should be deemed to be able to revoke the business license of the transferee or suspend the operation of the passenger transport service even after the transfer or acquisition of the trucking transport business or the passenger transport service, on the grounds of the revocation of the business license or the suspension of operation for the transferor before the transfer or acquisition of the business, even after the transfer or acquisition of the trucking transport business or the passenger transport service was made. The Daegu High Court Decision 2014Nu4239 decided Jan. 23, 2015; Supreme Court Decision 2009Du14934 decided Nov. 11, 2010.