[1] Whether the "standard for the supply of trucking transport business", which is announced by the Ministry of Land, Transport and Maritime Affairs in 2010, applies to the report on the transfer and takeover of trucking transport business under Article 16 (1) of the Trucking Transport Business

[2] The meaning of "same type of business" under Article 23 (3) of the former Enforcement Rule of the Trucking Transport Business Act

[1] "Standards for the supply of trucking transport services in 2010" (Ministry of Land, Transport and Maritime Affairs Notice No. 2009-1311 of the Ministry of Land, Transport and Maritime Affairs) as publicly notified by the Minister of Land, Transport and Maritime Affairs is a provision that applies to the permission of trucking transport services or the permission of change accompanying the increase or decrease of the permission of trucking transport services under Article 3(5)1 of the Trucking Transport Business Act, not to apply the report of the transfer or the acquisition of

[2] Article 3(4) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 22502, Nov. 24, 2010), which stipulates the type of trucking transport business by delegation of the authority of Article 3(4) of the Trucking Transport Business Act (hereinafter “Act”), is classified into general trucking transport business, individual trucking transport business, and monthly trucking transport business, but does not subdivided the type of trucking transport business by special purpose trucking transport business, and Article 3(5)2 of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 319, Dec. 29, 2010; hereinafter “former Enforcement Rule”) provides the criteria for permission for trucking transport business or for the expansion of the number of trucking transport businesses, and Article 13 [Attachment 1] of the former Enforcement Rule of the Trucking Transport Business Act (amended by Presidential Decree No. 22502, Nov. 24, 2010>

[1] Articles 3(5)1 and 16(1) of the Trucking Transport Business Act / [2] Article 3(4) and (5)2 of the Trucking Transport Business Act, Article 3 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 22502, Nov. 24, 2010); Article 13 [Attachment Table 1] and Article 23(3) of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 319, Dec. 29, 2010);

Green Transport Co., Ltd. (Law Firm Law School, Attorneys Doh-il et al., Counsel for the plaintiff-appellant)

port of destination

Seoul High Court Decision 2011Nu343 decided July 22, 2011

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. Regarding ground of appeal No. 1

The standards for the supply of trucking transport services, publicly notified by the Minister of Land, Transport and Maritime Affairs in 2010 (Public Notice No. 2009 - 1311 of the Ministry of Land, Transport and Maritime Affairs No. 201, hereinafter referred to as the “instant public Notice”), are only the provisions applicable to the alteration permission that involves the permission or increase of trucking transport business under Article 3(5)1 of the Trucking Transport Business Act (hereinafter referred to as the “Act”), and are not applicable to the report on the transfer or acquisition of trucking transport business under Article 16(1) of the Act.

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the scope of the notice of this case or incomplete hearing.

2. Regarding ground of appeal No. 2

Article 23(3) of the former Enforcement Rule of the Trucking Transport Business Act (amended by the Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 319, Dec. 29, 2010; hereinafter “former Enforcement Rule”) provides that “transfer or acquisition of trucking transport business is subject to all of the relevant trucking transport business: Provided, That the same shall not apply where a trucking business operator who owns more than the number of trucking transport businesses transfers or acquires part exceeding the permitted number of trucking transport businesses to another trucking business operator in the same type of business.” However, Article 3(4) of the former Enforcement Decree of the Trucking Transport Business Act (amended by the Presidential Decree No. 22502, Nov. 24, 2010) which prescribes the type of trucking transport business by delegation of Article 3(4) of the Act provides that the same type of trucking transport business shall be classified into general trucking transport business, individual trucking transport business, and the same type of trucking transport business shall not apply to the same type of trucking transport business.

The judgment below to the same purport is just, and there is no error in the misapprehension of legal principles as to Article 23 (3) of the former Enforcement Rule, as alleged in the grounds of appeal.

3. Conclusion

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Min Il-young (Presiding Justice)