1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The plaintiff is a trucking transport business operator.

On September 14, 2011, the Plaintiff reported to the Defendant that the B truck number plate was lost, and received C truck number plate from the Defendant.

From September 19, 201 to July 21, 2012, the Plaintiff purchased oil equivalent to KRW 44,124,729 using an oil purchase card (K079) registered as vehicle number B, and the Defendant paid fuel subsidies to the card company KRW 8,372,763.

On November 27, 2012, the Defendant issued a disposition to recover fuel subsidies of KRW 8,372,760 on the ground that the Plaintiff used the previous oil purchase card after changing the vehicle number.

(hereinafter referred to as the “instant disposition”). [Grounds for recognition] The Defendant asserts that the instant lawsuit was filed after the lapse of 90 days from the date of the disposition, and that the instant lawsuit is unlawful.

Judgment

Article 20 of the Administrative Litigation Act provides that the period of filing a suit of revocation shall be 90 days from the date when the disposition is known, and one year from the date of the disposition. However, Article 20 of the Administrative Litigation Act, which provides the period of filing a suit of nullification, does not apply mutatis mutandis to the litigation of invalidity confirmation, such as the instant lawsuit (Article 38(1) of the same Act). The Defendant’s assertion that the instant lawsuit

The instant disposition is lawful, and the Plaintiff’s change in the Plaintiff’s allegation registration number also did not replace the oil purchase card and received a fuel subsidy does not constitute “false or unlawful means” as prescribed by Article 44(3) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”). Therefore, the Defendant’s disposition of this case is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 44(3) of the Trucking Transport Business Act provides an order to return a fuel subsidy where the fuel subsidy is granted by "any false or fraudulent means".