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(영문) 서울북부지방법원 2015.10.02 2014고정2931
화물자동차운수사업법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant of the instant facts charged is Kwikset Service, etc. with the trade name “D, E, and F” in Dongdaemun-gu Seoul and 124 dong 1504.

A person who intends to operate a freight forwarding business shall obtain permission from the Minister of Land, Infrastructure and Transport.

Nevertheless, on August 2, 2013, the Defendant, without obtaining the aforementioned permission, operated the freight forwarding business by arranging freight forwarding services with a fee of KRW 22,500,00, which is 15% of the freight, from the owner of a freight truck in the name of the owner of a freight forwarding service (personal data) at the above business establishment on August 2, 201, as well as by arranging freight forwarding services with a fee of KRW 22,50,000, from May 24, 201 to June 1, 2014.

2. Determination

A. A. A prosecutor of the relevant statutory provisions applied Article 67 Subparag. 2 and Article 24(1) of the former Trucking Transport Business Act (wholly amended by Act No. 12707, May 28, 2014) to the facts charged. The said provision stipulates that “a person who operates freight forwarding business without obtaining permission from the Minister of Land, Infrastructure and Transport” is subject to punishment.

Meanwhile, Article 2 subparag. 4 of the same Act defines “motor-freight forwarding services” as “business of mediating or acting as a broker or an agent for a cargo transport contract in compliance with a request from a third party, or of transporting cargo under his/her name and on his/her own account using a truck transport means of transport from a person who runs a truck transport business or

In addition, Article 2 subparagraph 1 of the same Act defines "trucks" as "motor vehicles and special motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as those under Article 3 of the Motor Vehicle Management Act" and Article 3 of the Enforcement Rule of the same Act is Article 2 of the same Act

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