사업정지처분무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that runs a petroleum sales business pursuant to the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”). B is the representative director of the Plaintiff company.
B. On August 7, 2013, the Defendant sold petroleum products by using three mobile-sale vehicles (E, F, G, and hereinafter “instant vehicle”) with loading capacity from January 2, 2013 to April 2013, the Plaintiff: (a) during the process of selling petroleum by leasing the sales facilities of the D gas station located in Kimhae-si; (b) during the process of selling petroleum by moving petroleum to another unit; (c) from January 2013 to April 2013, the Plaintiff sold petroleum products by attaching the main organic organic substance to the vehicle with loading capacity of 10 Dup or 8 Dup, and (d) from June 30, 2013 to June 30, 2013 to December 16:30, 201: (d) on the ground that it refused and obstructed the Plaintiff’s inspection of the business activities of H’s employees at the regional headquarters in the D gas station and verification of collection of samples; and (d) on the ground that it refused and interfered with the Plaintiff’s business suspension of business.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including the relevant branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case should be revoked on the following grounds.
1. Article 39(1)8 of the Petroleum Business Act provides for “any other act detrimental to the sound distribution order of petroleum and alternative fuels, which is prescribed by Presidential Decree,” and Article 43(1)1 of the Enforcement Decree of the Petroleum Business Act provides for “supply of petroleum products or alternative fuels in violation of the business scope or business methods by petroleum retail business or by alternative fuel retail business under each subparagraph of Article 2 of the Petroleum Business Act.”