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(영문) 인천지방법원 2016.09.02 2016구합562
화물자동차운수사업법위반 운행정지처분등 취소
Text

1. On March 17, 2016, the Defendant violated the Trucking Transport Business Act (from April 1, 2016 to June 9, 2016) against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who runs a trucking transport business in the Il-gu Incheon Metropolitan City, using BKak-6 Trak trucks owned by the Plaintiff (hereinafter “instant truck”).

B. On November 1, 2015, the Plaintiff’s husband C operated the instant cargo vehicle from 01:05 to 02:30 on November 1, 2015, and transported to the D hotel located in Seoul by burning foreign passengers, who had been traveling at the Incheon State’s supply port.

(hereinafter “instant transport act”). C.

On January 11, 2016, on the ground that the Defendant: (a) was in violation of Article 11(7); (b) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Act”); (c) Articles 11(3); and 11(17) of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 276, Jan. 7, 2016; hereinafter the same shall apply); and (d) Article 21 subparag. 5 (unfair Collection of Charges) of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 19(1)7; hereinafter the same shall apply); and (c) [Attachment Table 2 subparag. 17 [Attachment 27] of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 2751, Jun. 21, 2016)]

Based on Article 5(3) of the former Enforcement Decree of the Trucking Transport Act, 70 days (from January 25, 2016 to April 3, 2016) imposed a penalty surcharge of KRW 200,000 on the suspension of operation and the violation of the standards for cargo conformity.

Accordingly, the plaintiff filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission on January 26, 2016, but the above committee dismissed the plaintiff's appeal on February 29, 2016.

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