Requirements for disposition of business suspension to harbor transport-related business operators

In order to suspend a business against a harbor transport-related business operator, the harbor transport business operator or the representative thereof shall be limited to the case where a public prosecution has been instituted due to a crime as prescribed in Article 179, 180 or 182 of the Customs Act. In other words, in case where the business operator or the representative thereof is a natural person, the case where

Articles 26 and 26-5(1)2 of the former Harbor Transport Business Act (Amended by Act No. 6305, Dec. 29, 2000); Articles 179, 180, and 182 of the Customs Act

[Plaintiff-Appellant] Plaintiff 1 et al. (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Korea Vessel Supplies Supply Co., Ltd and one other

chief of a regional maritime affairs and fisheries office

Gwangju High Court Decision 2001Nu730 delivered on January 31, 2002

The appeal is dismissed. The costs of appeal are assessed against the defendant.

According to the reasoning of the judgment below, since Article 26 of the Harbor Transport Business Act (which seems to have been amended by Act No. 6305 of Dec. 29, 200) provides that "the Minister of Maritime Affairs and Fisheries may cancel the registration of the relevant harbor transport business or order the suspension of the relevant harbor transport business for a fixed period of not more than 6 months," and that "the owner of the relevant harbor transport business or its representative is prosecuted for an offense prescribed in Article 179, 180 or 182 of the Customs Act or is subject to a disposition of notification" and Article 26-5 (1) of the same Act provides that "the chief of the regional maritime affairs and fisheries office may order the cancellation of the registration of the relevant business or the closure of the business, or order the suspension of the business, for a designated period of not more than 6 months to the plaintiff 1 or 2, who is the representative of the above harbor transport business, to whom the plaintiff 1 or 2, who is a corporation of the same type, to be prosecuted, to the plaintiff 1 or 97.

The defendant's ground of appeal cannot be accepted.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Jin-hun (Presiding Justice)