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1. Revocation of the first instance judgment.
2. On January 5, 2016, the Defendant’s 60-day vehicles against the Plaintiff.
Reasons
1. Details of the disposition;
A. On September 23, 2008, the Plaintiff, a company running a general trucking business, obtained a permit to change the trucking transport business (a certificate of the registration number of a trucking vehicle: A; hereinafter “instant vehicle”) with the content of increasing the number of a trucking vehicle for special use (a tank for chemical transport) from the Defendant.
In around 2009, the Plaintiff reported the fact that the instant vehicle was substituted by a general car model truck (a modified registration number: B) to the Trucking Transport Business Association, and on May 22, 2009, the said notification was accepted on May 22, 2009.
(hereinafter referred to as the "vehicle scrapping of this case". B.
On the other hand, the tank truck for the transport of chemicals was a special purpose truck for which new supply is permitted. From January 1, 2009, it was classified into a special purpose truck for which new supply is restricted by the "Standards for the Supply of Trucking Transport Business (Public Notice No. 2008-782 of the Ministry of Land, Transport and Maritime Affairs No. 2009)" and the general car truck was classified into a general cargo truck for which new supply is restricted since 2004.
C. On January 5, 2016, the Defendant illegally scrapped the instant vehicle from a special purpose-type truck to a general truck.
“For the reasons, based on Articles 3(3), 16, 19(1)2, and 44(3) of the Trucking Transport Business Act, Article 6 Subparag. 1, and 29 of the Regulations on the Management of Trucking Fuel Subsidies, and Article 14-2 of the Regulations on the Handling of the Scrapping of Trucking Vehicles, the disposition taken against the Plaintiff to reduce the number of vehicles in violation of Article 60 days (from January 25, 2016 to March 24, 2016) and to reduce the number of vehicles in violation of Article 3(3), 16, 19(1)2, and 44(3) of the Trucking Transport Business Act, and to suspend the payment of fuel subsidies for six months (from January 25, 2016 to April 25, 2016).