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(영문) 광주고등법원 2015.09.17 2015누5435
사업전부정지처분취소청구
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s truck for 60 days against the Plaintiff on September 29, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is a trucking transport business operator who runs a general cargo transport business.

B. From January 25, 201 to February 3, 2012, as shown in attached Table 1, the Plaintiff: (a) transferred a string vehicle, which is a special purpose-type truck from daily traffic, etc. (attached Nos. 1, 1, 2) or a cleaning vehicle (attached Nos. 1, 3, and 13) on 13 occasions from the day transport, etc.; (b) registered the string of the string vehicles as a cleaning vehicle; and (c) registered the string vehicle with the string vehicle as a cleaning vehicle; and (d) registered the string vehicle with each of the string vehicles taken over as above as a general or special purpose-type truck.

(hereinafter referred to as the "each vehicle before the scrapping of the instant vehicle" and the registration of the scrapping of the said vehicle shall be referred to as the "registration act of the instant vehicle".

On September 29, 2014, the Defendant changed the registration of the Plaintiff to a general or special-purpose truck with restriction on the supply of each vehicle prior to the car scrapping, which is a special-purpose truck permitted to be supplied through the scrapping of the car, because it is not subject to reporting but subject to permission, and thus it is subject to permission of change, the Defendant did not obtain permission of change, but violated the main sentence of Article 3 (3) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter referred to as the “former Trucking Transport Business Act; where no separate amendment date and legal number are indicated, it refers to the same Act) by failing to obtain permission of change, and thus, violated the main sentence of Article 3 (1) 2 of the former Trucking Transport Business Act, and Article 5 (1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter referred to as “former Enforcement Decree”).

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