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(영문) 서울중앙지방법원 2016.09.30 2016노2134
화물자동차운수사업법위반
Text

We reverse the judgment of the first instance court.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, as a freight trucking business operator, was duly engaged in freight forwarding and operating a joint place of business, and did not operate a transportation brokerage business without permission, on the other joint operators of the joint places of business who participated in the transportation.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination

A. A person who intends to operate a truck transport arrangement business as a summary of the facts charged shall obtain permission from the Minister of Oceans and Fisheries in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport of the Republic of Korea. On September 14, 2012, the Defendant, without obtaining permission from the Minister of Oceans and Fisheries on the part of the Minister of Land, Infrastructure and Transport, provided a truck transport arrangement business by obtaining KRW 240,000,000 as the cost of ancillary services, such as packing and transportation using three truck vehicles.

B. 1) In full view of the relevant laws and regulations and the system of the trucking transport business, the Supreme Court’s judgment on the grounds of appeal reveals that the transport business and the transport arrangement business are divided into the transport business of the cargo by the truck (including directors cargo) and the transport arrangement business, respectively, and thus, if the transport business entity engages in the transport arrangement business or the transport arrangement business, it constitutes an act without permission. However, the provision of the transport service incidental to the trucking transport business, in particular, is not based on the ground that the provision of the “ship-to-board cargo packing and ancillary services” (hereinafter “director-board cargo ancillary services”) falls under the exclusive business of the transport business entity or the transport arrangement business entity, and thus, the person who has not obtained permission for the transport business or the transport arrangement business concludes a transport contract with the owner of the cargo and concludes the transport arrangement business with the owner of the cargo.

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