과징금부과처분취소
1. The Defendant’s imposition of a penalty surcharge of KRW 25,00,000 against the Plaintiff on June 29, 2016 shall be revoked.
2...
1. Details of the disposition;
A. From around 2001, the Plaintiff has operated a mutual oil station in 64-56, Samsung-gun, Chosung-gun, Samsung-gun, Samsung-gun (hereinafter “instant oil station”).
B. On April 22, 2016, employees of the Honam Headquarters visited the instant gas station to collect one gasoline sample, one case of diesel sample from underground diesel storage at the instant gas station, one unit of diesel sample from the home-based vehicle (A; hereinafter “the instant home-based vehicle”).
(hereinafter referred to as “the collection of samples of this case”).
On May 2, 2016, the head of the Honam Institute notified the Plaintiff of the result of the quality inspection of the samples taken as above, that the samples taken from the Home Ri in this case (hereinafter referred to as the “instant samples”) are products mixed with approximately 5% of other petroleum products (e.g., oil, etc.) in transit for automobiles, and that they are fake petroleum products provided for in Article 2 subparag. 10 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter referred to as the “petroleum Business Act”).
On June 29, 2016, the Plaintiff applied for re-inspection of the quality of petroleum products, and notified the result that the Institute is identical to the previous quality inspection as a result of re-inspection by the Ministry of Honam Headquarters, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff pursuant to Articles 14(1)3, 13(3)8, 13(1)12, and 29(1)1 of the Petroleum Business Act.
E. On November 22, 2016, the Plaintiff filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission. On November 22, 2016, the Jeonnam-do Administrative Appeals Commission rendered a ruling that the said penalty surcharge is changed to KRW 25 million.
(A) The Defendant’s disposition of imposition of a penalty surcharge on June 29, 2016, which was mitigated to KRW 25 million by a ruling, shall be referred to as “instant disposition” (which is the ground for recognition). 【The fact that there is no dispute, and Nos. 1 and 1.