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(영문) 광주고등법원 2017.04.06 2016누3627
유가보조금환수등처분취소청구
Text

1. Of the judgment of the first instance court, the part against the plaintiff falling under the order to revoke below shall be revoked.

Defendant.

Reasons

1. Details of the disposition;

A. From January 25, 201 to February 3, 2012, the Plaintiff registered a car-vehicle replacing a motor vehicle for cleaning a special purpose type truck with a general type of motor vehicle or a special purpose type of motor vehicle (hereinafter referred to as “motor vehicle-vehicle scrapping in this case”) as indicated in the annexed Table 2, from January 25 to February 3, 2012.

B. On September 29, 2014, the head of Gwangju Metropolitan City North Korea’s north-gu Office issued a disposition of full suspension of the business of the head of Gwangju Metropolitan City, the Plaintiff violated the main sentence 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”) by modifying the permitted matters or modifying the permitted matters without obtaining permission for modification, instead of replacing the general and special-purpose trucking trucks that are allowed to supply for the general and special-purpose truck (wing, etc.). On the ground that the Plaintiff violated the main sentence 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 if no separate amendment date and legal number are indicated, the Plaintiff’s business was suspended for 60 days as of February 3, 2012.

C. On March 17, 2015, the Defendant notified the Plaintiff of the withdrawal of fuel subsidies and the refusal of payment, in violation of Article 3(3) of the former Trucking Transport Act, by altering false or official documents in the course of the scrapping of a truck with a specific-use type of truck in violation of Article 3(3) of the same Act, and illegally registering it as a general truck, the registration of which was restricted after 2004, and received a truck fuel subsidy under Article 43 of the same Act using an illegal registered truck. The above act is stipulated as the “Rules on the Management of Fuel Subsidies” under Article 44 of the former Trucking Transport Act, the Ministry of Land, Infrastructure and Transport announced

The improper means provided for in subparagraph 1 of Article 6.

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