(a) Whether the color of an automobile is included in the scope of the business of the automobile maintenance business;

(b) Whether a person who has acquired national technical qualifications of class 2 in the second degree of metal design technician may implement the same maintenance project as the car painting without permission of the Minister of Construction and Transportation under Article 44-2 of the Road Transport Vehicles Act (negative);

(a) the painting of motor vehicles shall be included in the scope of the project of the motor vehicle maintenance project;

(b) For a maintenance manager under the Road Transport Vehicles Act, the users of motor vehicles as prescribed in Article 52 of the Enforcement Rule of the National Technical Qualifications Act from among those who possess the class 2 or higher technical qualification pocketbookss under Article 53 of the same Act shall report to the competent authorities. Thus, even if those who have acquired the national technical qualifications of class 2 in the metal design technician, they cannot, as a matter of course, carry out the same maintenance project as the car color without permission of the Minister of Construction and Transportation.

(a) Articles 44, 84(1), and 43-5 of the Road Transport Vehicles Act; Article 44-2 of the Road Transport Business Act; Articles 52, 53, 57(1), and 58 of the Enforcement Rule of the Road Transport Vehicles Act;

Defendant

Defendant

Seoul Criminal Court Decision 86No3854 delivered on September 9, 1986

The appeal is dismissed.

The grounds of appeal are examined.

In light of the records, the evidence adopted by the court of first instance maintained by the court below shall be examined, and it shall be sufficient to recognize the criminal facts in the judgment of the court of first instance against the defendant, and there shall be no errors by the rules of evidence such as the theory of lawsuit

In addition, according to Articles 84 (1) and 44-2 of the Road Transport Vehicles Act, those who operate an automobile maintenance business without obtaining the permission of the Minister of Construction and Transportation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 5 million won, and the kinds of automobile maintenance business subject to such permission shall be divided into class 1 automobile maintenance business and two-dimensional automobile maintenance business under Article 44 (1) of the same Act, and the scope of the above types of businesses, limit of work and facility standards shall be prescribed by the Ordinance of the Ministry of Construction and Transportation under Article 57 (1) and 13 of the same Act, and the scope of the automobile maintenance business under Article 44 (2) of the same Act shall be included in the scope of the automobile maintenance business under Article 58 of the same Act, and the road maintenance business manager shall be excluded from the scope of the automobile maintenance business under Article 44 (2) of the same Act, and the road maintenance business manager shall be excluded from the scope of the automobile maintenance business under Article 54 (2) of the same Act.

The decision of the court below to the same purport is just, and there are no errors in the misapprehension of legal principles as to Articles 84 (1) and 44 (2) of the Road Transport Vehicles Act, errors in the application of Acts and subordinate statutes, and incomplete deliberation. Thus, all of the arguments are groundless.

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yellow-ray (Presiding Justice)