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(영문) 대전지방법원 2017.05.24 2016구합105250
감차처분취소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

The plaintiffs are companies with the purpose of trucking transport business, etc., and the plaintiffs A, B, and the plaintiff limited liability company are C Trucks and D Trucks are the final subcontractors of D Trucks (hereinafter "each of the instant vehicles").

On October 5, 2015, the Defendant issued a disposition against the Plaintiffs under Articles 3(3), 16(4), and 19(1)2 of the former Trucking Transport Business Act (amended by Act No. 14725, Apr. 22, 2017; hereinafter “former Trucking Transport Business Act”); Article 5(1) [Attachment Table 1] and [Attachment 2] of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 27782, Jan. 10, 2017; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”); Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 27782, Oct. 16, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”); Article 60 days (09:00-00 on Oct. 16, 2015).

(hereinafter “previous Disposition”). The Plaintiffs were fully implementing the previous Disposition.

On October 4, 2016, the Defendant issued a disposition to reduce the number of vehicles in violation of each of the instant vehicles (hereinafter “instant disposition”) to the Plaintiffs on the same grounds as the previous disposition.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 3 (including each number), and the purport of the entire argument as to the legitimacy of the disposition of this case, although the plaintiffs asserted that the disposition of this case was lawful after the previous disposition, the defendant issued the disposition of this case for the same reason as the previous disposition, and thus, it should be revoked as it has no legal basis.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 19 (1) 2 of the former Trucking Transport Business Act shall apply to a trucking business operator who has obtained permission by illegal means or amended permission without obtaining permission for modification.

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