화물자동차 허가 총량제 입법과 정책의 취지 유지방안 및 이를 둘러싼 문제상황 - 입법론과 민사소송법적 쟁점을 중심으로 -

Despite the fact that the new licensing of cargo vehicles, which are essential for the courier business, which is characterized as a device industry, has been strictly controlled by laws and regulations for a long time, the purpose and intent of strict control of supply and demand balance may be degraded or lost due to the gaps in the legislative form of the Cargo Vehicle Transportation Business Act, and it is necessary to amend the definition of the cargo vehicle transportation business in the Cargo Vehicle Transportation Business Act to solve this structural problem. In relation to the cargo vehicle license system and the strict supply and demand control system through the principle prohibition of new licenses, if a party engages in delivery activities in violation of the Cargo Vehicle Transportation Business Act, and the continuation of such activities causes damage to the courier service provider, and the causal relationship is acknowledged and constitutes an tort, the courier service provider may file a claim for prohibition of delivery and a claim for damages against the party doing the tort. It can be concluded that it would not fall under the requirements of the prohibition on re-filing a claim for injunction and damages based on the old theory of substantive law adopted by Korean courts precedents, as it can be seen that the claim subject is different and there are justified circumstances requiring re-filing.