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(영문) 광주지방법원 2015.08.27 2015구합11134
직권말소 처분 및 사업전부정지 처분에 대한 취소 청구
Text

1. 60 days for the truck listed in the attached Table 2 list against the Plaintiff on March 13, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff is a trucking transport business entity who is engaged in ordinary trucking transport business by a company established for the purpose of trucking transport business.

B. On February 25, 2015, the Minister of Land, Infrastructure and Transport pre-announcement of legislation on partial amendment of the Enforcement Decree of the Trucking Transport Business Act: (a) publicly announced the partial amendment of the Enforcement Decree of the Trucking Transport Business Act, including the change of permission under Article 3(3) of the Trucking Transport Business Act, or the change of permitted matters without obtaining permission for change, and (b) [Attachment Table 1] subparagraph 2 of Article 5(1) [Attachment Table 1] of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”); (c) “The first: Suspension of entire business (60 days); (60 days); (d) the reduction of number of vehicles; and (e) the third: Revocation of permission; and (d) the organization or individual who has an opinion in the amendment bill, submitted a written opinion to the Ministry of Land, Infrastructure and Transport to change the distribution industry by April 6, 2015.

C. On March 3, 2015, the Defendant: (a) denied the Plaintiff’s permission to change each truck (13 vehicles) listed in the separate sheet No. 1, which is a towing type special motor vehicle, the Plaintiff of which is restricted to newly supply; and (b) a motor vehicle among the special purpose-type truck.

(hereinafter referred to as “instant violation”, on the grounds of Article 19(1)2, Article 3(3), and (5) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), and Article 5(1) [Attachment 1] of the former Enforcement Decree of the Trucking Transport Business Act, each truck (total of 69 units) listed in [Attachment 2] was subject to a disposition of suspension of the entire business (period between April 15, 2015 and June 13, 2015).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, 3, and 7, and arguments.

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