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(영문) 서울행정법원 2015.06.11 2015구합52678
유권해석 및 부작위위법확인청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. In order to promote the sound development of freight forwarding businesses and the common interests of trucking service providers, the Korean Federation of Cargo Forwardings filed an application with the Defendant (the Minister of Construction and Transportation at the time) for authorization of the establishment of the Federation. On January 8, 1993, the Defendant approved the establishment of the Korean Federation of Cargo Forwarding Services on the following terms pursuant to Articles 64 and 68 of the former Automobile Transport Business Act (amended by Act No. 4533, Jun. 9, 1993; the Automobile Transport Business Act was amended to the Passenger Transport Service Act on December 13, 1997; the Automobile Transport Business Act was amended to the Passenger Transport Service Act on December 13, 1997; and the Trucking Transport Business Act enacted on August 30, 1997 and regulates trucking transport services).

(hereinafter referred to as the "disposition in this case"). The Korean Shipping Association is comprised of the associations established in the Special Metropolitan City, Metropolitan Cities, Do, etc., and the Association is comprised of freight forwarders including both directors, freight forwarders of the City/Do in question and ordinary freight forwarders.

The matters directed by Defendant for the supervision of the Federation shall be faithfully implemented or observed.

(b) The business objectives shall be faithfully committed and the activities of the Federation shall not undermine the public interest;

(c) Where it is deemed necessary to comply with the Automobile Transport Business Act and the authorization conditions, or to develop public welfare and automobile transport business, the authorization for its establishment may be revoked;

Even in cases where a motor vehicle transportation brokerage business operator of Gwangju Metropolitan City, Chungcheongnam-do and Jeollabuk-do obtains authorization from a competent government agency to establish an association and fails to join the federation, the authorization for establishment may be revoked.

B. On April 9, 2012, the Plaintiff filed an application for authorization to establish an association with respect to the Defendant for the purpose of promoting the common interests of directors and freight forwarders located in Seoul Special Metropolitan City, and the Defendant filed an application with respect to the Plaintiff on November 1, 2012.

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