1. Reasons for Amendment
The Korean cargo transportation industry can be divided into individual transport services and general transport services, and most vehicles excluding individual transport service providers are operated in an entrustment system. In an entrustment system, vehicle owners lease the right of business from the transport service provider, and some transport service providers utilize their dominant position to wrongfully take money from vehicle owners. Accordingly, this Amendment aims to protect vehicle owners by specifying grounds to prevent such wrongful taking of money from vehicle owners and strengthening penalties against non-compliance.
It also prohibits transport service providers from requesting vehicle owners to overload their vehicles and stipulates measures against operation of illegally tuned vehicles, thereby aiming to enhance traffic safety.
2. Major Provisions
A. Prohibit transport service providers from taking money from entrusted owner-operators in return for an entrustment contract (subparagraph 26 of Article 21)
B. Prohibit transport service providers from wrongfully requesting or taking money from entrusted owner-operators (subparagraphs 27 and 28 of Article 21 newly inserted)
C. Prescribe grounds to prevent transport service providers from interfering with cargo transportation by entrusted owner-operators by damaging the registration number plate, etc. (subparagraph 29 of Article 21 newly inserted)
D. Prescribe grounds to prevent transport service providers from requesting entrusted owner-operators to overload their vehicles or operate illegally tuned vehicles (subparagraphs 30 and 31 of Article 21 newly inserted)
E. Prescribe grounds to specify criteria for imposing administrative fines as delegated by the Enforcement Decree (Article 30-2 newly inserted)
F. Prescribe standards to take measures against any transport service provider who fails to comply with the newly prescribed obligations (attached Table 2)
G. Prescribe standards to impose penalty surcharges instead of taking measures against any transport service provider who fails to comply with the newly prescribed obligations (attached Table 3)
H. Specify criteria for imposing administrative fines as delegated by the Enforcement Decree (attached Table 3-3 newly inserted)
