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(영문) 광주고등법원 2016.12.08 2016누3610 (1)
유가보조금 환수 등 처분 취소 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 operating general zone trucking transport business, and they registered the company scrapping (hereinafter "vehicle scrapping in this case") with the contents of replacing cars for cleaning, which are special-purpose trucking trucks, the supply of which is allowed, such as the details of the violation of attached Table 2, with the general or special-purpose trucking trucks that are replaced by the special-use-type truck (hereinafter "vehicle scrapping

B. On October 22, 2014, the head of Gwangju Metropolitan City Mine Office issued a disposition of full suspension of business of the head of Gwangju Metropolitan City: (a) to the Plaintiffs, pursuant to Article 3(3) main text of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Transport Business Act”) by changing the Plaintiffs into a vehicle with limited special purpose vehicles to be supplied without obtaining permission for alteration; (b) thereby violating the former Trucking Transport Business Act by obtaining permission for alteration by unjust means; (c) accordingly, Article 19(1)2 and (3) of the former Trucking Transport Business Act; and (d) Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”), the Defendant issued a disposition of full suspension of business between 60 days for all trucks owned by the Plaintiffs in accordance with Article 4(3) of the former Trucking Act.

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