영업정지처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s disposition of business suspension for 45 days against the Plaintiff on May 17, 2017.
1. The grounds for the court’s explanation concerning the instant case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance (including the relevant part in the judgment of the court of first instance, but excluding the part on March 2, 200), and therefore, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The phrase “whether there is a reason for action” between 7 and 8 pages below the 5th Amendment and the following:
【Fake petroleum products” referred to in Article 2 subparag. 10 of the Petroleum Business Act that has the grounds for disposition means any of the following methods, such as manufacturing agents, additives (including any additives prescribed by other Acts) and mixing petroleum products with other petroleum products (including any petroleum products with a different grade), regardless of their names, which are manufactured for the purpose of using them as fuel for motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act and vehicles and machinery (limited to those using gasoline or light oil as fuel) prescribed by Presidential Decree, or alternative fuel referred to in subparagraph 11 for the purpose of using them as fuel:
of this title.
Article 29(1) of the Petroleum Business Act provides that “no person shall manufacture, import, store, transport, keep, or sell fake petroleum products.”
"" is defined as ".
According to the above provision, the concept of “fake petroleum products” itself includes that “for the purpose of using or using them as fuel for vehicles, etc. by mixing other petroleum products with other petroleum products.” Thus, it is necessary to recognize that an act by a seller, etc. is a fake petroleum product manufactured for the aforementioned purpose. However, in cases where a petroleum product sold under the possession and management of an actor is revealed to be fake petroleum products, a special group is given.