The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. Article 3(1) and (3) of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Trucking Act”) and Article 6(1) and (2), Article 7(1) and (2), and Article 9(2) and (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; hereinafter “Enforcement Rule of the Trucking Act”) require the competent authorities to submit documents stating the type, type, type, etc. of each truck when applying for permission for a trucking transport business or an increase in the number of trucks, and require the competent authorities to verify whether each truck is registered and whether each truck complies with the criteria for permission depending on the size, loading volume, type, etc. of the trucking transport business.

On the other hand, Article 2 subparag. 4 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 22502, Nov. 24, 2010; hereinafter “Enforcement Decree of the Trucking Transport Business Act”) provides that “vehicle scrapping for a truck is subject to the permission and a report of modification.” Article 57 of the Trucking Transport Business Act provides that “the replacement of a truck with another vehicle whose age has expired” means “the replacement of a vehicle with another vehicle.” As the Trucking Transport Business Act was amended by Act No. 10804, Jun. 15, 2011, the provision to delegate the matters necessary for the object and deadline for the scrapping of the substitute (Article 57(2)) to the Minister of Land, Transport and Maritime Affairs (amended by Presidential Decree No. 430, Dec. 31, 2011) is newly established, and accordingly, Article 52-3(1)1 of the Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance No. 430) limits the same supply of the same truck.