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1. Among the instant lawsuit, the Defendant’s disposition suspending the payment of fuel subsidies against the Union Co., Ltd. on November 17, 2014.
Reasons
1. Details of the disposition;
A. On February 1, 2014, the Plaintiff entered into an entrustment contract (hereinafter “instant contract”) under Article 40(1) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Transport Business Act”) with respect to B trucking vehicles owned by the Union (hereinafter “instant vehicle”) between the Union and the Union, which is a trucking business operator, and accordingly, received fuel subsidies from the Defendant pursuant to Article 43(2) of the former Trucking Transport Business Act while driving the instant vehicle on consignment from the Union.
B. Meanwhile, on September 3, 2012, prior to the conclusion of the instant contract with the Plaintiff, the Union entered into an entrustment contract with C on the instant vehicle. On November 14, 2014, the Defendant rendered a disposition to suspend the payment of fuel subsidies (hereinafter “the first disposition”) for six months (from November 17, 2014 to May 16, 2015) on the ground that “C operated the instant vehicle on consignment by the Union and provided credit with no details of transactions, and later paid 1,356,000 won of the paid oil.”
C. The Plaintiff dissatisfied with the first disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission on December 3, 2014. However, on March 18, 2015, the Gyeonggi-do Administrative Appeals Commission dismissed the said appeal on the ground that the Plaintiff was merely a third party, not a party to the first disposition, and there is no legal interest in seeking its revocation.
After that, the Plaintiff filed an application with the Defendant for a request for the payment of fuel subsidies for oil expenses paid by the Plaintiff during the suspension period of payment of fuel subsidies under the Disposition No. 1, but the Defendant on September 2, 2015, stating that “The instant vehicle was suspended from the payment of fuel subsidies for six months from November 17, 2014 due to the Disposition No. 1, the fuel subsidies for oil expenses paid during the suspension period cannot be paid.”