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(영문) 대법원 2019.04.25 2018두53498
운행정지처분취소
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. Article 3 of the former Trucking Transport Business Act (amended by Act No. 10804, Jun. 15, 2011; hereinafter “ Trucking Transport Business Act”) provides that a person who intends to operate a trucking transport business shall obtain permission as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (Article 1). The said provision provides that a person who has obtained permission for trucking transport business shall obtain permission for modification as prescribed by Ordinance of the Ministry of

(3) According to such delegation, Articles 6, 7, 9, and 13 of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Transport, and Maritime Affairs Act No. 430, Dec. 31, 201) provide that when obtaining permission for trucking transport business, a person shall submit documents stating the number, type, type, type, and smoke type of the truck, along with a sales contract, a certificate of transfer, or a certificate of scheduled shipment, etc., to the competent authority; and shall require the competent authority to obtain permission and permission for alteration after ascertaining whether each document is equipped with the standards for supply, the type, size, loading volume, etc. of the relevant truck; and whether each truck satisfies the criteria for permission for alteration; and shall include the type, type, etc. of individual vehicles.

Meanwhile, the proviso to Article 3 (3) of the Trucking Transport Business Act stipulates that the Minister of Land, Transport and Maritime Affairs shall only file a report thereon, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, if he/she intends to modify any minor matter prescribed by Presidential Decree, and Article 2 (4) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 23372, Dec. 13, 201; hereinafter “Enforcement Decree of the Trucking Transport Business Act”) provides that the “vehicle scrapping of a truck shall be subject

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