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The judgment below
Of the part against Defendant C and the part against Defendant A, the Co., Ltd. belongs to Defendant C.
Reasons
The grounds of appeal are examined.
1. As to the violation of the Trucking Transport Business Act
A. Article 3 of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “trucking Act”) provides that, in order for a person who has obtained permission for trucking transport business (hereinafter “trucking business operator”) to modify permitted matters, permission for modification shall be obtained as prescribed by Ordinance of the Ministry of Oceans and Fisheries (main sentence of paragraph 3), and the permission for modification involving the increased number of trucks shall comply with “the supply standards publicly notified by type of business, taking into account the demand for the transport of cargo by type of business” (Article 5). Accordingly, according to the “standards for the supply of trucking transport business” (hereinafter “standards for the supply of trucking transport business”), the “ordinary truck” is not allowed, and a truck with some special-purpose diagrams is allowed to increase the number of trucks.
Meanwhile, the proviso to Article 3(3) of the Act stipulates that only a report shall be filed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in order to modify any minor matter prescribed by Presidential Decree, and Article 2 subparag. 4 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 2443, Mar. 23, 2013) provides for the subject matter of permission for modification.
In full view of the above provisions, the automobile-scrapping subject to a report of alteration must be a minor case to the extent that the act of changing the former vehicle into a new vehicle does not require an additional examination as to whether it conforms to the relevant laws and regulations, including the supply standard announcement, and the shape of the special-purpose truck permitted to increase the number of vehicles permitted as a special-purpose truck (hereinafter “special-purpose truck figure”) in the supply standard announcement does not allow an increase in the number of vehicles.