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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance, except where the defendant added the judgment as to the argument that the court rendered in this case to the court is identical to that of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act
2. Additional determination
A. The Defendant asserts that, in determining whether the “vehicle scrapping of a truck” subject to permission for change under the proviso of Article 3(3) of the Trucking Transport Business Act (amended by Act No. 10804, Jun. 15, 201; hereinafter “ Trucking Transport Business Act”) and Article 2(4) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 23372, Dec. 13, 201; hereinafter “Enforcement Decree”), the issue of whether the relevant truck is permitted to increase the number of trucks should be determined at the time of new registration of the relevant vehicle. Since the instant vehicle was a vehicle permitted to increase the number of trucks at the time of new registration of the instant vehicle, the instant car scrapping constitutes “the change of a general cargo lane for which the increase of the number of trucks permitted is not permitted,” and thus, it is subject to permission for change under the main sentence of Article 3(3) of the Trucking Transport Business Act.
B. However, the phrase “a change to a general cargo vehicle or a special-purpose truck with which an increase in the number of vehicles is permitted,” is a result of increasing the number of vehicles for which a new supply is permitted, and thus, a permit for change under the main sentence of Article 3(3) of the Trucking Transport Business Act is obtained, and “a change to a special-purpose truck with which an increase in the number of vehicles is not permitted,” is not a new supply of a truck in violation of the criteria for the supply of trucking transport services (Public Notice of the Ministry of Land, Transport and Maritime Affairs), and thus, only a report for change under the proviso to the same paragraph is required.