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(영문) 대전고등법원 2019.07.11 2018누11478
화물자동차운송사업불허가처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this part of the background of the disposition and the summary of the plaintiff's assertion are as stated in each corresponding part of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Determination on the legitimacy of the instant disposition

(a) The entry in the relevant statutes (attached Form 3) is as follows;

B. Article 3(1) of the former Trucking Transport Business Act (amended by Act No. 7100 of Jan. 20, 2004) adopted a registration system with respect to trucking transport business, and Article 3(4) of the same Act and Article 13 [Attachment 1] of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Construction and Transportation No. 399 of Apr. 21, 2004), “Standards for registration of trucking transport business” was required to hold at least five ordinary trucks with the number of standards for registration of ordinary trucking transport business.

However, with the amendment of the former Trucking Transport Business Act by Act No. 7100 on January 20, 204 (hereinafter referred to as the “ Trucking Transport Business Act”). Article 3(1) of the said Act converting the registration system into the permission system, and strictly stipulates the requirements for running trucking transport business. Meanwhile, Article 3(5) of the said Act and Article 13 [Attachment Table 1] of the Enforcement Rule of the said Act (amended by Ordinance of the Ministry of Construction and Transportation No. 548 of Feb. 1, 2007), the number of the standards for permitting trucking transport business in the “Standards for permitting trucking transport business” was greatly mitigated to one or more ordinary trucks.

In this process, the legislators have reduced the number of the permit criteria for trucking transport businesses from the past five to one, but considering the fact that the trucking transport business itself has changed from the registration system to the permit system, it is difficult for an individual entrepreneur to meet the strict permit criteria required by the law, which is the time of promulgation of the Trucking Transport Business Act (Act No. 7100), in January 20, 2004.

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