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(영문) 전주지방법원 2018.07.04 2017구합2735
화물자동차운송사업신규허가신청불허가처분 취소 청구
Text

1. The Defendant’s disposition of non-permission to freight trucking services rendered against the Plaintiff on August 30, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. As amended by Act No. 7100 on January 20, 204, the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) provides that “any person who intends to operate a trucking transport business shall obtain permission from the Minister of Construction and Transportation under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation,” and Article 3(5)1 of the same Act provides that “Any person who intends to operate a trucking transport business shall meet the supply standards publicly notified by the Minister of Construction and Transportation in consideration of the transport demand of cargo by type of business,” while Article 3(2) of the Addenda provides that “any person who intends to operate a trucking transport business from December 31, 2004 to the person who is entrusted with the trucking transport business under title trust with the person who is entrusted with the trucking transport business at the time of the promulgation of this Act shall apply for permission from the Minister of Construction and Transportation, notwithstanding the provisions of Article 3(5)1 of the same Act, and any person who intends to operate the existing trucking transport business with the relevant trucking transport business may file an application for permission for cancellation of the entrustment contract.”

Since then, with the amendment of the Trucking Transport Business Act by Act No. 8979 on March 21, 2008, the provision of the above Addenda was deleted, and the existing entrusted borrowers lose the legal basis for them to run trucking transport business.

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