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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The issues of the instant case and the judgment of the court of first instance
A. The key issue of the instant case is: (a) on July 29, 2014, the Defendant, as a branch owner of B truck (hereinafter “instant truck”), recovered KRW 20,730 of the fuel subsidy paid to the Plaintiff pursuant to Articles 28 and 29 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “ Trucking Act”); (b) on the ground that the Plaintiff engaged in trucking business, the Defendant’s collection of the fuel subsidy amounting to KRW 20,730 of the fuel subsidy amount paid to the Plaintiff pursuant to Articles 28 and 29 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 25788, Nov. 28, 2014; hereinafter “instant provision”) and notified the Plaintiff of the provisional disposition suspending the payment of the instant subsidy for six months (hereinafter “the instant disposition suspending the payment of the fuel subsidy”).
The key issue of this case is ① whether Article 28(1)12 of the Management Regulations (hereinafter “instant provision”) which is the basis of each of the instant dispositions is an illegal provision beyond the limit of delegated legislation, ② whether the instant restitution disposition is lawful as it is based on Article 44-2(1)3 of the former Trucking Transport Act.
B. As to the first issue, the first instance court’s judgment on the first instance court’s first instance trial: ① Article 44-2(1)5 of the former Trucking Transport Business Act provides that “where a person has received a subsidy in violation of the matters determined and publicly announced by the Minister of Land, Infrastructure and Transport pursuant to the latter part of Article 43(2)” is premised on the relationship between the violation and the payment of subsidies by stipulating the grounds for suspending payment of subsidies; ② Article 44-2(1)1 through 4 and 6 of the same Act, which is the grounds for suspending payment of subsidies,