(a) The meaning of “serious traffic accidents” under Article 31 of the Automobile Transport Business Act and the criteria for the determination thereof;

(b) Legal nature of the Rules (Ordinance of the Ministry of Transport and Maritime Affairs No. 724 of July 31, 1982) concerning the disposition of cancellation, etc. of business licenses under Article 31 of the Automobile Transport Business Act;

A. In determining whether a traffic accident falls under a "serious traffic accident" under Article 31 subparagraph 5 of the Automobile Transport Business Act, a traffic accident which causes two or more casualties only on the basis of the persons who have caused the casualties shall not be deemed as a matter of course, and shall be determined by considering all the contents and results of the act such as the degree of negligence of the person who caused the traffic accident, negligence of the victim, the circumstance of the accident, the damage situation, and the impact on the general society, etc.

B. The Rules on the Disposition of Revocation, etc. of Automobile Transport Business License under Article 31 of the Automobile Transport Business Act (Ordinance No. 724 of July 31, 1982) are in the form of Ordinance, but the nature and contents of the Rules have the nature of administrative orders within the administrative organization because they have the nature of administrative orders within the administrative organization because they are merely a provision of the business process standards and disposition rules within the administrative agency with regard to the disposition of cancellation, etc. of Automobile Transport Business License. Thus, the above Rules are not binding upon the relevant administrative agency or employees within the administrative organization, nor externally binding upon the people or the court. Thus, even if the disposition such as cancellation, etc. of automobile transport business license violates the above Rules, it cannot be said that the disposition is lawful immediately because it conforms to the standards prescribed by the Rules, and whether the disposition is unlawful should be determined

(b)Article 31 subparagraph 5 of the Automobile Transport Business Act;

(b) Supreme Court Decision 83Nu551 delivered on February 28, 1984

Attorney Choi Sung-chul et al., Counsel for the plaintiff-appellant

Head of Busan Metropolitan City;

Daegu High Court Decision 84Gu203 delivered on January 11, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by the defendant litigant are examined.

1. According to Article 31 of the Automobile Transport Business Act, the Minister of Construction and Transportation (the Do Governor pursuant to Article 9 of the Enforcement Decree of the same Act) provides that the Minister of Construction and Transportation may order the suspension of business for a fixed period of not more than 6 months or cancel all or part of a license for a motor vehicle transport business operator (the Do Governor). The above provision provides that "when a large number of casualties is caused" as one of the grounds for cancellation of a business license, it shall be deemed that the causes of a large number of casualties are caused by a serious traffic accident," and it shall not be deemed that the above traffic accident caused more than 2 casualties is a "large traffic accident" as a matter of course, and it shall not be deemed that the above traffic accident constitutes a "large traffic accident," and the issue of whether a certain traffic accident constitutes a "large traffic accident," which is suitable for the administrative disposition of the Minister of Construction and Transportation, such as the degree of negligence of the person who caused the traffic accident, the damage caused by the victim, the situation of the accident, influence on the general society, etc.

2. According to the reasoning of the judgment below, the court below determined that the traffic accident in this case cannot be deemed to constitute "serious traffic accident" as provided by Article 31 subparagraph 5 of the Automobile Transport Business Act, in light of the fact that the traffic accident in this case occurred due to the above accident, even if the traffic accident in this case was caused by the accident in excess of the victim's injury, and even if it cannot be deemed that the traffic accident in this case constitutes "serious traffic accident" as provided by Article 31 subparagraph 5 of the Automobile Transport Business Act, and the defendant's license for the traffic accident in this case was revoked as a serious traffic accident in light of the fact that the traffic accident in this case did not constitute "serious traffic accident" as provided by Article 31 subparagraph 5 of the Automobile Transport Business Act.

In light of the records, the above fact-finding and judgment of the court below are just, and there is no error in the misapprehension of legal principles as to the theory of lawsuit.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-soo (Presiding Justice)