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(영문) 대구지방법원 2016.07.19 2016구합20922
위반차량 운행정지 등 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 25, 2008, the Plaintiff was a corporation with the purpose of cargo transportation services, etc., and obtained permission from the Defendant to increase A vehicles for the purpose of transporting chemical substances (hereinafter “instant vehicles”) by the vehicle for the purpose of transporting chemical substances. On May 22, 2009, the Plaintiff substituted the instant vehicles with general car truck (B) with the vehicle for the purpose of transporting chemical substances (hereinafter “vehicle scrapping”).

B. On January 5, 2016, the Defendant issued a disposition to the Plaintiff to reduce the number of vehicles in violation of Article 3(3), 19(1)2, and 44(3) of the former Trucking Transport Business Act (amended by Act No. 10804, Jun. 15, 201; hereinafter “ Trucking Transport Business Act”) on the ground that the Plaintiff illegally scrapped the instant vehicle from a special-purpose truck to a general truck, and to suspend the operation (from January 25, 2016 to March 24, 2016) within 60 days (from January 25, 2016 to March 24, 2016) of the suspension of operation, without changing the instant vehicle into a chemical tank during the suspension of operation, to reduce the number of vehicles in violation of Article 24,049,400, and suspend fuel subsidies for six months (from September 25, 2015 to April 26, 2016).

C. The Plaintiff appealed and filed an administrative appeal. On February 29, 2016, the Gyeongbuk-do Administrative Appeals Commission changed the redemption disposition of the fuel subsidy, taking into account the extinctive prescription of the right to recover claims, to recover the fuel subsidy received from January 5, 2016, which was five years later from the date of disposition, until February 29, 2016, and decided to dismiss the remainder of the Plaintiff’s claims.

Accordingly, on March 16, 2016, the Defendant changed the number of vehicles in violation of the instant vehicle from April 1, 2016 to May 30, 2016 (from May 30, 2016 to the suspension of operation), to chemical tank glass during the suspension of operation, the recovery of fuel subsidies (22,23,640 won received from January 1, 201 to April 201), and six months of fuel subsidies (from April 1, 2016 to September 30, 2016) to the Plaintiff and remains as a change in the disposition on January 5, 2016.

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