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(영문) 광주지방법원 2016.04.14 2015구합11455
유가보조금 환수 등 처분 취소 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are regular trucking business operators engaging in general area trucking transport business.

B. As indicated in the list of violations by Plaintiff 6, the Plaintiffs registered the scrapping of cars for cleaning (cambls) and scambling vehicles (hereinafter “each of the vehicles before the instant scrapping”), which are special purpose-type trucks, in which the supply of them is restricted (hereinafter “each of the vehicles prior to the instant scrapping”), or the scrapping of cars to be changed into a general or special purpose-type truck (hereinafter “the instant scrapping of cars”).

C. On October 22, 2014, in violation of Article 3(3) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Transport Business Act”), the head of Gwangju Metropolitan City issued a disposition of 60 days of suspension of business on the ground that the Plaintiffs changed the permitted matters and the permitted special purpose-type vehicles into a limited truck vehicle without permission for change, and made a disposition of 60 days of suspension of business on the ground that they changed the vehicles into a limited truck vehicle for supply, and made a statement of Article 19(1)2 of the former Trucking Transport Business Act, Article 5(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”).

On April 16, 2015 or May 11, 2015, the Defendant: (a) against the Plaintiffs, on the ground that “the Plaintiff altered a false or official document in the course of the scrapping of a freight vehicle for special use in violation of Article 3(3) of the Trucking Transport Act and registered a general freight lane, the registration of which was limited after 2004, and received a truck fuel subsidy under Article 43 of the Trucking Transport Act by using an illegally registered truck,” the Defendant redeems the fuel subsidy received until now after the unlawful registration as shown in [Attachment 1 through 5] list under Article 26(18 of the Regulations on Trucking Subsidies” (hereinafter “instant restitution disposition”); and (b) the relevant truck.

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