(영문) 춘천지방법원 강릉지원 2015.7.16.선고 2015구합1589 판결

A. On October 11, 2006, the Plaintiff had been running a business with a license for a general trucking transport business from the Defendant, and was also licensed for a waste collection and transport business on November 19, 2012.

B. On December 26, 2011, the Geum River Logistics Co., Ltd. (hereinafter referred to as the "gold River") filed an application for a permit to change the freight trucking services with regard to the alteration of the A general truck (hereinafter referred to as the "motor vehicle of this case") with the Defendant on December 26, 201: the alteration of the vehicle: the alteration of the vehicle of this case; the alteration of the vehicle of this case; the alteration of the vehicle of this case shall be the Jumpp; the alteration of the vehicle of this case shall be the alteration of the vehicle of this case; and the alteration of the cargo loading for the safe transportation of loaded goods; and the alteration of the cargo loading for the cargo of this case shall be the alteration of the freight trucking services. On January 6, 2012.

C. On January 3, 2013, the Plaintiff acquired a trucking transport business regarding the instant vehicle from the Geum River Logistics, and obtained permission to register the instant vehicle as a vehicle for collecting and transporting waste water after completing the reporting procedure on the acquisition of the instant vehicle by the Defendant.

D. On November 2014, the Defendant: (a) discovered that the Plaintiff transported pelpellets, using the instant vehicle B at the entrance of the regional port and port office in the East Sea; and (b) on January 21, 2015, on the ground that on the ground that on the ground that the Plaintiff operated a Jump vehicle permitted to be cleaned to the Plaintiff for the purpose other than that for which permission was granted, the Defendant issued a disposition to suspend the business within 60 days in total pursuant to Article 19(1)2 of the Trucking Transport Business Act and the Enforcement Decree of the same Act (hereinafter “instant disposition”) on the ground that the Plaintiff changed the permission for the trucking transport business without obtaining the permission for the change.

【Reasons for Recognition】

Gap evidence 1, 2, 4, 6, Gap evidence 7-1, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant disposition

A. Summary of the plaintiff's assertion

① Postal pellets carried by the Plaintiff using the instant vehicle is processed to recycle forestry wastes, etc., and constitutes wastes prescribed in Article 13-2 of the Wastes Control Act, and thus, the Plaintiff cannot be deemed to have operated the instant vehicle for any other purpose than the permitted purpose.

1 ② Even if pelpellets does not constitute wastes, the provisions on permission of trucking transport business in the laws and regulations on trucking transport business, or the provisions on permission of trucking transport business that the Defendant applied to the Plaintiff do not limit the kind of the cargo to be transported by the instant vehicle, so it cannot be deemed that the permit was modified without obtaining permission of change under the Trucking Transport Business Act, with the transport of cargo by the Jum dump vehicles permitted for cleaning.

③ Even if the instant disposition is lawful, the instant disposition ordering “the suspension of operation of the violating vehicle” should be taken in accordance with the Addenda to the Enforcement Decree of the Trucking Transport Business Act as amended on May 26, 2015, despite the fact that the amended Enforcement Decree should be applied to the instant violation, is unlawful.

④ In addition, in light of the fact that the Plaintiff did not have received any special administrative sanction, and that the number of violations was only one time, the Defendant’s disposition ordering the Plaintiff to suspend the entire business for 60 days is unlawful as it deviates from and abused discretion.

(b) Related statutes;

It is as shown in the attached Table related statutes.

(1) We examine the Plaintiff’s assertion.

According to Article 2 subparagraph 1 of the Wastes Control Act, “waste” means waste, burning, sludge, waste oil, waste acid, waste eggs, animal carcasses, etc., which have become unnecessary for human life or business activities. On the other hand, in accordance with Article 2 subparagraph 2 of the Act on the Sustainable Use of Timber, the standards and quality standards of wood pellets (Notice No. 2013-5 of the National Institute of Forest Research) established pursuant to Article 2 subparagraph 2 of the Act, and Article 20 (1) of the Act on the Sustainable Use of Timber pellets, one of timber products, refers to a standardized solid pellet in a small source pattern that produces timber not contaminated by harmful substances.

However, in full view of the purport of the entire pleadings in the statement No. 4-1 and No. 2, since Postal pelpellets sent by the Plaintiff may be recognized as constituting a wood product that has undergone a quality standard test under the above provision, the above pelpellets cannot be deemed as a waste. The Plaintiff’s assertion No. 1 is without merit.

(2) We examine the Plaintiff’s above assertion.

(A) According to Article 3(1) and (2) of the Trucking Transport Business Act, a person who intends to operate a truck transport business must obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and to modify matters to be permitted. According to delegation, Article 6 of the Enforcement Rule of the Trucking Transport Business Act imposes an obligation on a person who intends to obtain such permission under paragraph (1) to submit an application for permission under attached Form 3 of the same Rule (attached Table 3), and Article 6 of the Enforcement Rule of the Trucking Transport Business Act imposes an obligation to submit a document stating the name, location, and size of the main office, business office, and cargo handling office, along with "documents stating the name, location, and size of the main office and the cargo handling office" (subparagraph 1), and Article 2 subparag. 1 of the Trucking Transport Business Act, and Article 3 of the Enforcement Rule of the Trucking Transport Business Act provides for "special type of truck and/or type of cargo for rescue purposes," which are not "special type of motor vehicles [specific type 1] and type of model of motor vehicle."

Meanwhile, according to Article 3 (4) and (5) of the Trucking Transport Business Act and Article 3 of the Enforcement Decree of the Trucking Transport Business Act, the type of trucking transport business is divided into "general trucking transport business", "open trucking transport business", and "monthly trucking transport business", and the criteria for permission for change accompanying the permission or increase of trucking transport business are "the supply criteria publicly notified by the Minister of Land, Infrastructure and Transport in consideration of the needs for the transportation of the cargo".

(B) In addition to the relevant provisions on permission and permission for change of trucking transport business, the details of the permission include not only the number of trucks, but also the specific structure, efficacy or use of trucks, which are classified into “type, name, type, type, and maximum carrying capacity”, and the contents of the permission for change of trucking transport business. Therefore, it is reasonable to deem that permission for change should be obtained in cases where a person who has obtained permission for trucking transport business for a specific truck, the type of which is limited in accordance with the structure, function or usage, intends to transport the cargo beyond the scope of the restriction, in consideration of the fact that the permission for trucking transport business is divided by the type of divided truck.

(C) As seen earlier, as to the instant case, Geum River 20: (a) from January 6, 2012, the Defendant obtained permission to change the structure of the instant vehicle from the “general car surface” to the “general car surface”; (b) the Plaintiff obtained permission to change the contents of the instant vehicle as a vehicle for collecting and transporting wastes from the Defendant on June 11, 2013; (c) based on the evidence No. 5, No. 8-1, No. 3, and No. 6 of the Enforcement Rule of the Automobile Management Act, the instant vehicle was subject to the Special Do Governor’s 20-1, which was manufactured for transporting vehicles from the Defendant on October 31, 2014; (d) the 20-1, which was manufactured for the purpose of transporting the instant vehicle to the “motor vehicle transport equipment exclusively used for transporting daily waste”; and (e) the 20-1, which was enacted for the purpose of the 2010-1, the 2010-1, supra.

Examining these circumstances in light of the legal principles as seen earlier, the instant vehicle is a vehicle generated by a vehicle equipped with a structure and function to transport only domestic wastes under the Wastes Control Act at the time of the Plaintiff’s violation, and constitutes a special purpose-type truck for specific purposes prescribed in attached Table 1 of the Enforcement Rule of the Automobile Management Act. The details of the permission for trucking transport business are also related to the instant vehicle itself, which is the structure, function, or use of the instant vehicle. Therefore, even if the type of the freight to be transported according to the structure, function, or use of the instant vehicle is limited to active wastes, it is reasonable to view that the Defendant’s arbitrary transport of non-domestic wastes constitutes an alteration of the permission without obtaining the permission for alteration.

Furthermore, the relevant laws and regulations stipulate that the standards for supply publicly notified by the Minister of Land, Infrastructure and Transport for each type of business shall be met, taking into account demand for the transportation of cargo, and the supply standards for trucking transport services are to resolve imbalances caused by excessive supply of trucking transport services (see, e.g., Supreme Court Decision 2011Du31604, Apr. 10, 201). As alleged by the Plaintiff, considering that the type of trucking vehicle was designated as a special-purpose truck and the type of cargo that can be transported even if the type of cargo is not limited, the purport of establishing the supply standards for trucking transport services under the relevant laws and regulations will be eliminated.

Therefore, the plaintiff's above assertion on different premise is without merit.

(3) We examine the Plaintiff’s above3 argument.

(A) Whether an administrative disposition is illegal in an administrative litigation shall be determined on the basis of the law and fact-finding status at the time of the administrative disposition, and it shall not be affected by the amendment or repeal of the law or changes in the actual state after the disposition (see, e.g., Supreme Court Decision 2007Du1811, Nov. 5, 2007).

(B) The corresponding provision of the Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015) that stipulates that the relevant provision may be applied urgently to the offenses committed before the amendment and enforcement of the instant disposition (amended by Presidential Decree No. 26251, Jan. 21, 2015), which was subsequent to the instant disposition (amended by Presidential Decree No. 26251, May 26, 2015).

In light of the above legal principles, the above revised provision cannot affect the illegality of the disposition of this case. Thus, the plaintiff's above assertion on a different premise is without merit.

(4) We examine the Plaintiff’s above assertion.

(A) According to Article 19(1) and (3) of the Trucking Transport Business Act, an administrative agency may revoke permission, order the suspension of all or part of its business, or order the reduction of the number of vehicles for a fixed period of not more than six months, if a transport business entity changes permitted matters without permission for such permission. As a result of delegation, Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015) provides for the cancellation of permission, the suspension of private business, or an order to reduce the number of vehicles pursuant to Article 19(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015). Article 5(2) of the Enforcement Decree provides for the suspension of business in accordance with the standards for disposal of the trucking Transport Business Act (attached Table 1). This provision provides for the reduction of the number of damage caused by traffic accidents within the scope of one-day.

(B) In light of these provisions regarding the criteria for imposing sanctions against trucking Transport Business Act violations, an administrative agency exercising the authority to impose such sanctions does not formally apply the criteria for disposition, but rather intends to prepare and exercise its authority with detailed criteria for disposition that can promote concrete feasibility in light of the circumstances such as the degree of infringement of public welfare, degree of damage caused by traffic accidents, and details and frequency of the offenses. It can be deemed that the administrative agency having the authority to impose sanctions against the trucking Transport Business Act partially deals with the exercise of its authority.

(C) In light of the legal principles as to whether the act of transporting non-waste cargo by using dump vehicles for cleaning at the time of the instant violation constitutes an alteration of permitted matters, and according to the Enforcement Decree of the Trucking Transport Business Act [Attachment I], which was amended and enforced on May 26, 2015, after the instant disposition, the criteria for disposition when the permission was changed without obtaining permission for alteration under the Trucking Transport Business Act, were somewhat changed to 60 days for the suspension of operation of the non-compliant vehicle in the event of the first violation, and the relevant supplementary provisions were applied retroactively to the previous violation in accordance with the relevant supplementary provisions, and the Plaintiff did not have been subject to sanctions due to the violation of the Trucking Transport Business Act prior to the instant violation. The instant disposition was unlawful since the degree of sanctions is too excessive.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

Judges

Kim Jong-Un (Presiding Judge)

suspend:

Redline:

Site of separate sheet

Related Acts and subordinate statutes

Periodical Trucking Transport Business Act

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "trucks" means trucks and special automobiles under Article 3 of the Motor Vehicle Management Act, which are the Ministry of Land, Infrastructure and Transport;

The term “motor vehicles” means motor vehicles as prescribed by the Ordinance.

3. The term "trucking transport business" means business for a consideration for cargo by using trucks in compliance with requests from other persons;

The term "cargo transport business" means a business for transporting cargo to a truck. In such cases, cargo at the time the owner of the cargo has left the truck together as cargo;

The standards and specifications that are inappropriate to load a motor vehicle for passenger transport business, such as the volume, volume, shape, etc.

The target vehicles, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure

Article 3 (Permission for Trucking Transport Business)

(1) A person who intends to operate trucking transport business shall be the Minister of Land, Infrastructure and Transport.

shall obtain the permission of the officer.

(3) A person who has obtained permission for trucking transport business pursuant to paragraph (1) (hereinafter referred to as "transport business operator") shall obtain permission.

To change a port, the Minister of Land, Infrastructure and Transport shall obtain permission for change.

(b) To change minor matters prescribed by Presidential Decree: Provided, That Ordinance of the Ministry of Land, Infrastructure and Transport;

The Minister of Land, Infrastructure and Transport shall report.

(5) Change accompanied by the permission or increase of a trucking transport business under paragraph (1) or the main sentence of paragraph (3).

The criteria for granting a warning shall be as follows:

1. Supply publicly announced by the Minister of Land, Infrastructure and Transport by type of business under paragraph (4), in consideration of transport demand for cargo

To meet the criteria

2. Transport facilities, such as the number of trucks, capital or appraised value of assets, depots, etc. (hereinafter referred to as "transport facilities");

(i) Other criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be met.

Article 16 (Transfer, Acquisition, etc. of Trucking Transport Business)

(1) Where intending to transfer or acquire trucking transport business, the volume thereof, as prescribed by Ordinance of the Ministry of Land,

The receiver shall report to the Minister of Land, Infrastructure and Transport.

(4) If a report is filed under paragraph (1) or (2), the transferee of the trucking transport business shall take over the truck.

Succession to the status of a person who transfers the transport business as a transport business operator and shall be established or maintained through a merger.

corporation shall succeed to the status of the corporation that ceases to exist due to merger as a transport business operator.

Article 19 (Revocation, etc. of Permission for Trucking Transport Business)

(1) If a transport business operator falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport shall cancel the license:

An order to fully or partially suspend his/her business or reduce the number of vehicles for a fixed period not exceeding six months;

An order may be issued: Provided, That in cases falling under subparagraph 1, 5, or 13, the permission shall be revoked.

2. He/she has obtained permission for modification or has obtained permission for modification pursuant to Article 3 (3) by fraudulent means;

Where any matter is modified;

Article 63 (Delegation of Authority)

(1) The Minister of Land, Infrastructure and Transport shall partially exercise his/her authority under this Act, as prescribed by Presidential Decree.

may be delegated to the Corporation.

(2) The Minister of Land, Infrastructure and Transport shall partially delegate his/her authority to the Minister of Land, Infrastructure and Transport.

The head of a Si/Gun/Gu may re-entrust to the head of the Gu with the approval of the officer.

(3) The head of a Si/Gun/Gu, as prescribed by ordinance of a City/Do, shall determine part of his/her authority under this Act.

It may be delegated to the head of the Gu.

Article 2 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015);

Matters to be reported for modification pursuant to the proviso to Article 3 (3) of the Trucking Transport Business Act (hereinafter referred to as the "Act") shall be as follows:

1. Change of the trade name;

2. Change of the representative (applicable only to a corporation).

3. Installation or closure of cargo handling places; and

4. Replacement of a truck;

5. Relocation of the principal office and cargo handling places: Provided, That in the case of relocation of the principal office, it shall be limited to the relocation within the administrative zone of the competent authorities;

Article 3 (Kinds of Trucking Transport Business)

The types of trucking transport business under Article 3 (4) of the Act shall be as follows:

1. General trucking transport business: Business of transporting cargo using at least a certain number of trucks; 2. Individual trucking transport business: Business of transporting cargo by using one truck vehicle;

3. Monthly trucking transport business: A business transporting cargo using small-sized trucks;

Article 5 (Criteria for Revocation, etc. of Permission for Trucking Transport Business)

(1) Any of the following Gus shall be ordered to revoke permission, suspend business, or reduce the number of vehicles pursuant to Article 19 (1) of the Act:

Pursuant to the standards in attached Table 1 for each portion. In such cases, the violation referred to in subparagraph 7 (k) of attached Table 1 shall be replaced.

Detailed standards for dispositions shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) The Minister of Land, Infrastructure and Transport shall infringe public welfare, degree of damage caused by traffic accidents, and details and violations.

In consideration of the number of times, etc., the criteria for disposition under attached Table 1 shall be aggravated or reduced as follows:

may be filed.

1. Two minutes of the number of standards for disposition in case of vehicles that have violated the entire suspension of business, partial suspension of business or suspension of operation;

The period shall be increased or decreased within the scope of one of the parties concerned: Provided, That if so increased, the period shall be six months.

(2) shall not exceed any of the following subparagraphs:

Article 14 (Delegation of Authority)

The Minister of Land, Infrastructure and Transport shall delegate his/her authority over the following matters to Mayors/Do Governors pursuant to Article 63 (1) of the Act:

1. Permission for trucking transport business under Article 3 (1) of the Act;

2. Permission or revised permission for trucking transport business under the main sentence of Article 3 (3) of the Act;

7. Reporting on transfer, acquisition, or merger under Article 16 of the Act (including cases where it is applied mutatis mutandis in Article 28 of the Act);

[Attachment 1]

Criteria for revocation, etc. of permission for trucking transport business (related to Article 5 (1))

A person shall be appointed.

Enforcement Regulations of Trucking Transport Business Act

Article 3 ( Trucks)

"A person prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport" in subparagraph 1 of Article 2 of the Trucking Transport Business Act (hereinafter referred to as the "Act") means a general dump-type bump type, a bump type cargo vehicle, a special purpose type cargo vehicle, and towing, salvage, and special work type, as specified in attached Table 1 of the Enforcement Rule of the Motor Vehicle Management Act. In such cases, bump-type truck shall meet all of

Article 3-2 (Standards for Cargos and Vehicles Eligible therefor)

(1) The standards for cargo referred to in the latter part of subparagraph 3 of Article 2 of the Act shall be as follows:

(c)

1. The weight of cargo per shipper shall be at least 20 kilograms;

2. The volume of cargo shall be at least 40,000 cubic centimeters for each shipper;

3. Cargo shall fall under any of the following items:

(a) Agricultural, fishery, or livestock products that are unclean or malodored;

(b) Animals or plants that give a sense of aversion;

(d) Construction machinery and materials, such as table boards;

(e) Explosive or inflammable objects; and

Article 6 (Application for Permission for Business)

(1) A person who intends to obtain permission for trucking transport business pursuant to Article 3 (1) of the Act shall be in attached Form 3.

An application for permission for water-motor vehicle transportation business shall be filed with the competent authority.

(2) An application for permission for trucking transport business under paragraph (1) shall be accompanied by the following documents:

In such cases, the competent authority shall be a corporation through sharing administrative information under Article 36 (1) of the Electronic Government Act.

The applicant shall verify a certificate of registered matters (applicable only to a corporation).

1. Documents stating the names, locations, and scales of the principal office and cargo handling places;

2. Number, types, names of vehicles, forms, smokes, and maximum loading capacity of trucks placed in the principal office and the place of business;

document stating section 10

(3) A person who intends to obtain permission for individual trucking transport business or trucking transport business, among persons who intend to obtain such permission.

Cargo through an exclusive transportation contract with a transportation business entity engaged in transportation business in the form of integration, classification, and delivery;

A person who files an application for permission to take charge of collection and delivery (hereinafter referred to as "collection, etc.") only shall attach a document under paragraph (2).

Additional documents determined and publicly announced by the Minister of Land, Infrastructure and Transport shall be submitted to Chapter.

Article 7 (Procedures for License)

(1) Upon receipt of an application for permission for a trucking transport business under Article 6 (1) and (3), the competent authority shall grant the application.

The documents referred to in the subparagraphs of paragraphs (2) and (3) of Article 6 and the supply machine referred to in Article 3 (5) 1 of the Act;

(1) After examining whether he/she complies with the applicable paragraph, he/she shall issue a preliminary license certificate in attached Form 3.

section 3.

Article 9 (Modified License)

(1) A revised permit under the main sentence of Article 3 (3) of the Act (or a revised permit for a place of business under Article 11).

A person who intends to obtain permission for change under Article 9-2 (including permission for change under Article 9-2) shall be in attached Form 7.

An application for permission to change the water and motor vehicle transport business shall be filed with the competent authority along with the following documents:

of the corporation.

1. Documents prepared for the new and old matters to be permitted;

2. Documents referred to in Article 6 (2) 4 and 5, if any, to increase the number of vehicles involved.

(2) Upon receipt of an application for permission to alter a trucking transport business under paragraph (1), the competent authority shall grant the application under paragraph (1).

Whether the documents referred to in the subparagraphs are kept and whether they meet the supply standards under Article 3 (5) 1 of the Act (in the event of an increase in the number);

(1) A preliminary revised license shall be granted after checking the application for change.

(3) Where a preliminary revision is permitted pursuant to paragraph (2), the competent authority shall do so within 20 days from the date of application, as follows:

A change shall be permitted after verifying the following matters:

1. Whether grounds for disqualification under the subparagraphs of Article 4 of the Act exist;

2. Whether a truck is registered;

3. Whether the applicant meets the criteria for the permission under Article 13, such as whether the garage is installed;

4. Whether cargo liability insurance is subscribed to;

5. Whether a person engaged in trucking service is qualified as a truck driver (the change accompanying the increase of his/her qualifications);

Only in cases of an application for light permission)

(4) When the competent authority has granted permission for modification pursuant to paragraph (3), it shall notify the Association of such fact and record and manage the ledger of permission for trucking transport business in attached Form 5.

on-line trucking transport business operating guidelines;

[Enforcement Date of December 1, 2008] [No. 2009-14, Nov. 28, 2008]

Article 1 (Purpose)

The purpose of these Guidelines is to prescribe the criteria and procedures for the permission work of trucking transport business (hereinafter referred to as the "transport business") under the Trucking Transport Business Act (hereinafter referred to as the "Act") to ensure the fairness and objectivity of disposition.

Article 2 (Definitions of Terms) The definitions of terms used in these Guidelines shall be as follows:

7. The term "motor vehicles for special cargo transport" means specially manufacturing the motor vehicles structure in order to transport specific cargo;

the following vehicles among trucks under attached Table 1-2 of the Enforcement Rule of the Automobile Management Act:

vehicle means a vehicle.

(a) Vehicles for cleaning the surface of a road;

(b) Vehicles for cleaning;

(d) Fire-fighting vehicles:

E. Oil transport vehicles (tanks)

(f) Vehicles for transporting chemicals;

(g) Vehicles equipped with devices for freezing and freezing;

(h) Vehicles specially manufactured for motor vehicle transport;

Article 3 (Calculation of Supply Standards)

(1) The supply standards shall include transportation in consideration of the number of trucks, freight rates, the volume of water operated, the prospects of a cargo transport market in the future.

It shall be calculated by project (including transportation business; hereinafter the same shall apply).

(2) In calculating (including the calculation for modifying; hereinafter the same shall apply) the supply standards referred to in paragraph (1), the supply standards shall be determined in advance.

The Standards Deliberation Committee for Water and Automobile Transport Business (hereinafter referred to as the "Committee") shall be deliberated upon: Provided, That the national land shall be deliberated upon by the Committee.

It shall not apply to minor changes in supply standards recognized by the Minister of Maritime Affairs and Fisheries.

Article 4 (Application of Supply Standards)

When the Minister of Land, Transport and Maritime Affairs, a Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "permission-granting authority") grants permission for cargo transport business, he/she shall grant permission within the scope of supply standards determined and publicly notified by the Minister of Land, Transport and Maritime Affairs: Provided, That separate standards may be set within the scope of supply standards for container transport (excluding towed vehicles) and vehicles for cement transport (excluding towed vehicles).

Article 5 (Special Cases concerning Application of Supply Standards)

With respect to the special truck under subparagraph 6 of Article 2 and the special truck under subparagraph 7 of Article 2, it may be excluded from the application of supply standards, notwithstanding the provisions of Article 3: Provided, That the same shall not apply to the case where towing vehicles are separated from the towed vehicles.

0 Criteria for the supply of trucking transport services in 201

[Enforcement Date of December 31, 2010] [No. 2010-1078, December 31, 2010]

1. Amount of trucking transport services;

(a) Trucking transport business: Prohibition on new supply;

-Provided, That this shall not apply to the following cases:

(1) A dump-type vehicle (excluding dump-type vehicles) towed by another vehicle and a special work-type vehicle under [Attachment I] subparagraph 2 of Article 2 of the Enforcement Rule of the Automobile Management Act may not apply to the supply standards under this Notice.

(2) The following vehicles among trucks referred to in [Attachment 1] subparagraph 2 of Article 2 of the Automobile Management Act, which are specially manufactured to transport specific cargo, may be permitted by the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as “Mayor/Do governor”) in consideration of transport demand, etc. in the relevant area: Provided, That this shall not apply to towing vehicles where towing vehicles are separated from towing vehicles.

(a) A vehicle for cleaning the surface;

(b) Cleaning vehicles (limited to vehicles transporting household wastes under the Wastes Control Act);

(d) Fire-fighting vehicles:

(e) A vehicle particularly manufactured for motor vehicle transport (other than a vehicle towing only for motor vehicle transport, notwithstanding the proviso to subparagraph (2)).

(f) Vehicles for escort (cash transport) by the security business entity, which are multi-user trucks under subparagraph 2 (a) of Article 3 of the Enforcement Rule of the Trucking Transport Business Act;

(g) a special-purpose truck with a maximum load of not less than 100 tons, with a capacity of not less than 100 tons (ton load of less than 100 tons in tons);

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