과징금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance citing the instant case is as follows: (a) the “actual owner” of the fourth 20th 20th son of the judgment of the court of first instance is used as “actual consumer”; and (b) other than the Plaintiff’s assertion emphasizing in the trial at the trial, the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance; and (c) thus, it is cited in accordance with
(Other matters alleged by the Plaintiff in the trial are not significantly different from the contents of the Plaintiff’s assertion in the first instance court, and even if the Plaintiff’s assertion is reviewed together with the evidence submitted in the first instance court and the trial court, the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable).
A. The gist of the Plaintiff’s assertion is not the owner or lessee of C vehicle, but the Plaintiff merely entrusted the carriage of transit to D (representative E) as a trucking business operator, and did not entrust the carriage of transit beyond the permissible loading capacity.
Since D entrusted by the Plaintiff exceeded the permitted loading capacity, it cannot be held liable to the Plaintiff. Thus, the instant disposition is unlawful.
B. 1) Since sanctions imposed on a violation of administrative regulations are sanctions based on the objective fact that is a violation of administrative regulations to achieve administrative purposes, barring special circumstances, such as where a failure to cause the violation is not caused due to the failure of the duty of the violator, it may be imposed even on the violator, barring special circumstances, such as where there is no intention or negligence.
(2) The former Petroleum Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter the same shall apply) (see, e.g., Supreme Court Decision 2002Du5177, Sept. 2, 2003)
According to Article 39(1)10 of the Petroleum Business Act, Article 2(3) and 11(c) of the Enforcement Decree of the Petroleum Business Act, and Article 2-2(1) of the Enforcement Rule of the Petroleum Business Act, a petroleum retailer operating a gas station shall be a petroleum refiner.