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(영문) 수원지방법원 2017.11.09 2017구합429
화물자동차운수사업법위반운행정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. While the Plaintiff owned a private-use truck B (hereinafter referred to as “instant truck”) on July 30, 2016, the Plaintiff used the instant truck to transport the truck with compensation.

was discovered.

B. On February 6, 2017, the Defendant issued a disposition of suspending the operation (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 56 of the Trucking Transport Business Act by engaging in commercial transport with the instant trucking transport (hereinafter “ Trucking Transport Business Act”) on the ground that it was in violation of Article 56 of the Trucking Transport Business Act, 45 days (from February 13, 2017 to March 29, 2017) based on Article 56-2(1)2 of the Trucking Transport Act.

[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 1 through 7 (including the number with each number), the purport of the whole pleadings

2. First of all, the lawfulness of the instant lawsuit, and the period of the suspension of operation prescribed in the instant disposition from February 13, 2017 to March 29, 2017, are examined as to whether there is a benefit in the lawsuit seeking revocation of the said disposition upon the lapse of the said period.

In a case where a punitive administrative disposition becomes effective due to the lapse of the period of sanctions prescribed in the relevant disposition, but the disposition is subject to a punitive administrative disposition in the form of the Enforcement Rule, which is a Ministerial Ordinance, (hereinafter referred to as “prior administrative disposition”) as a ground or premise for the aggravation of the disposition, and the future punitive administrative disposition (hereinafter referred to as “after action”) is prescribed as a condition for the aggravation of the disposition, if there is a practical concern that the prior administrative disposition may be subject to the subsequent administrative disposition under the conditions or condition for aggravation of the aggravated disposition, the other party subject to the prior administrative disposition has expired even though

Even if the need for the protection of rights to remove such disadvantage through the revocation suit is recognized, it shall be deemed that there is a legal interest to seek the revocation of the preceding disposition.

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