Whether the part concerning a part of the body falls under the scope of the work of the motor vehicle maintenance business which is unable to run the business without registration (affirmative with qualification)

Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act (Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act), one of the parts belonging to the work scope of the automobile maintenance business, carries out the painting of the automobile body, and only the part concerning the part of the vehicle body is different from the seal of the entire body, and it is not specially excluded from the scope of the work. Thus, even though it is a part concerning the part of the vehicle body, the seal work on the vehicle body may not be operated without the registration of the automobile maintenance business, unless it is merely the degree of removing the defects in the parts generated in the vehicle by means of the separation or litation of the fees on the parts generated in the vehicle body using a simple tool, such as a press or lsheshesheshesheshesheshes, even though it is a part concerning the part of the vehicle body.

Article 2 subparagraph 8 of the Automobile Management Act, Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act

Defendant

Defendant

Changwon District Court Decision 9No1655 delivered on March 21, 2000

The appeal is dismissed.

The grounds of appeal are examined.

Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act (Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act), one of the parts belonging to the work scope of the automobile maintenance business, carries out the painting of the automobile body, and only the part concerning the part of the body is different from the seal of the body, and it does not specifically exclude it from the scope of the work. Thus, even though it is a part concerning the part of the body, the seal work on the body of the automobile can not be carried out without the registration of the automobile maintenance business unless it is merely the degree of removing the defects in the part generated in the body using a simple tool, such as strings or usheshesheshesheshes, even though it is a part concerning the part of the body.

According to the reasoning of the judgment below, the court below held that the part of the color coloring work carried out by the defendant is included not only in the part of the automobile, but also in the wide part of the body, since the part of the coloring work carried out by the defendant is cut off as an industrial paint, cut off as an industrial paint, etc. after the tin was applied, and the scope of color also includes not only the part of the automobile, and thus, in light of the method and scope of the color work, the coloring work carried out by the defendant falls under the scope of the automobile maintenance business which is not operated without registration. In light of the above legal principles and records, the above judgment of the court below is just and there is no violation of the rules of evidence or misapprehension of the legal principles as to the scope of the work of the automobile maintenance business. The grounds for appeal cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-woo (Presiding Justice)