Defendants are not guilty.

1. The summary of the facts charged in the instant case is the substantial representative who operates B Co., Ltd. located in Ulsan-gu, Ulsan-gu, and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of the chartered passenger transport service, etc., and F entered into an agreement with Defendant A and directly managed and operated part of the buses in the name of Defendant Co., Ltd.

No transport business operator shall allow any person who is not a transport business operator or a person who is not a transport business operator to run passenger transport service with or without any consideration by using the whole or part of his commercial automobiles.

A. On August 1, 2015, the Defendant changed his bus from F to B in the name of the said B corporation, and received a proposal from F to directly manage and operate the said bus, and to pay part of the profits to B corporation, Defendant A had F operate the passenger transport business by directly operating and managing five buses, such as G, H, I, J, and K, in the name of B corporation from September 1, 2015 to November 10, 2015.

B. The Defendant Company, at the time and place of Paragraph 1, had F, who is not a transport business operator, run passenger transport business by using part of the automobile for the transport business, as above, with respect to the Defendant’s business.

2. Determination

A. Article 12(1) of the relevant legal doctrine provides that “A transport business entity may not allow another transport business entity or a person who is not a transport business entity to operate passenger transport business with or without compensation by using all or part of his/her commercial motor vehicle.”

Section 3 of the same Article provides that "A person who is not a trucking business operator shall use all or part of a trucking business operator's commercial motor vehicle under his/her or another person's name.