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(영문) 광주고등법원 2016.12.08 2016누3641
유가보조금 환수 등 처분취소 청구
Text

1. Of the judgment of the first instance court, the part against the plaintiffs falling under the order of revocation in paragraph 2 below shall be revoked.

Reasons

1. Details of the instant disposition

A. The plaintiffs' status and the registered plaintiffs of the company scrapping are general trucking trucking business operators running general zone trucking transport business, etc., and they registered the company scrapping (hereinafter referred to as the "vehicle scrapping in this case") with the contents of replacing the vehicle for cleaning-type trucking vehicles, which are special purpose-type truck vehicles, the supply of freezing vehicles is limited, or the special purpose-type truck, the supply of freezing vehicles is limited, as stated in the list of violations by the plaintiff 2.

B. On October 22, 2014, the head of Gwangju Metropolitan City Mine Office issued a disposition of full suspension of the business of the head of Gwangju Metropolitan City, the head of the Si/Gun/Gu of Gwangju Metropolitan City changed the Plaintiffs into a vehicle with limited special purpose vehicles to be supplied without obtaining permission for alteration, or violated the main sentence of Article 3(3) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Transport Business Act”) by obtaining permission for alteration by unjust means, the Plaintiffs violated the main sentence of Article 3(3) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”).

) Pursuant to Article 5(1), the Plaintiffs issued a disposition of full suspension of their businesses for 60 days against the Plaintiff’s 65-day truck (the Plaintiff’s Maritime Transport 65-day and the Plaintiff’s 63-day truck).

C. On October 5, 2015, the Defendant notified the Defendant of the recovery of the fuel subsidies and the refusal of the payment, the Defendant disposed of the Plaintiff Hyundai Guro on October 5, 2015, respectively, as follows:

2. In violation of Article 3(3) of the former Trucking Transport Act, in the course of the scrapping for a specific-use truck, the Company has altered the false or official document and has illegally registered it with a general truck, the registration of which has been restricted after 2004, and has used the illegally registered truck.

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