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(영문) 대법원 2016.10.13 2016도2344
화물자동차운수사업법위반
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Article 3 of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Trucking Transport Business Act”) provides that a person who intends to operate a trucking transport business shall obtain permission as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (Article 1). The said provision provides that a person who has obtained permission for trucking transport business shall obtain permission for modification of the permitted matters as prescribed by Ordinance

(3) According to such delegation, Articles 6, 7, 9, and 13 of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, Mar. 23, 2013) provide that when obtaining permission for trucking transport business, a person shall submit documents stating the number, type, type, type, and type of type of the truck, and a sales contract, a certificate of transfer, or a certificate of shipment, etc.; and require the competent authority to obtain permission and permission for alteration after ascertaining whether each document has been equipped, whether each type of truck has been registered, whether each type of truck has been registered, and whether each type of truck has satisfied the criteria for permission in accordance with Article 3(5) of the Trucking Transport Business Act and the type, size, load volume, etc.

Meanwhile, the proviso to Article 3(3) of the Trucking Transport Business Act stipulates that when it intends to modify minor matters prescribed by Presidential Decree, only a report shall be filed in lieu of obtaining permission for modification, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 2 subparag. 4 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 24443, Mar. 23, 2013; hereinafter “Enforcement Decree of the Trucking Transport Business Act”) provides that the “vehicle scrapping of a truck shall be subject to permission for modification.” In order

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