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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are trucking transport operators who own each cargo vehicle listed in the separate disposition list 1 attached hereto.
B. The Plaintiffs, from January 2013 to March 2014, applied for fuel subsidies in excess of fuel subsidies, as if they used approximately 10 to 20% of the actual amount of oil used.
C. The Defendants issued a disposition to recover the amount stated in attached Table 1-2 of the former Trucking Transport Business Act (amended by Act No. 12248, Jan. 14, 2014; hereinafter “former Trucking Business Act”) against the Plaintiffs on each date listed in attached Table 1 of the Administrative Disposition List on the ground that the Plaintiffs received excessive fuel subsidies as above, as stated above, Article 44 and Article 44-2 of the former Trucking Transport Business Act, Article 9-11 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 25340, Apr. 29, 2014; hereinafter “instant provision”) and Article 28 and Article 29 of the Regulations on the Management of Fuel Subsidies (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 2014-109, Mar. 10, 2014; hereinafter “instant provision”).
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 through 4, the purport of the whole pleadings and arguments.
2. Whether the instant disposition is lawful
A. Although the former Trucking Law, which forms the basis for the disposition of the plaintiffs' assertion, does not stipulate that trucking business operators shall recover fuel subsidies paid for the actual amount of oil used in addition to fuel subsidies paid in excess of the actual amount of oil used by trucking business operators, Article 29 (1) of the instant provision provides the same without delegation by the mother law. The above provision provides that trucking business operators shall not be delegated by the superior law.