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(영문) 전주지방법원 2018.04.18 2017구합1909

과징금부과처분취소

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1. The Defendant’s imposition of a penalty surcharge of KRW 50,00,000 against the Plaintiff on June 30, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s status, etc. 1) The Plaintiff is a gas station C in the former North Chang-gun B (hereinafter “instant gas station”).

2) On the instant gas station, petroleum products are delivered with a vehicle number D mobile-sale vehicle (hereinafter “instant mobile-sale vehicle”) at the instant gas station.

The instant mobile-sale vehicle is equipped with a storage tank (hereinafter referred to as the “storage tank”). The storage tank is divided into the front partitions of capacity 2,000 liters and the rear partitions of 1,000 liters.

B. On November 21, 2016, employees of the former North Korea Institute collected 9 samples (number 116 through 124) from the main amusement installed in the instant gas station and the instant mobile-sale vehicles, etc. (2) The Institute, on or around December 6, 2016, conducted the quality inspection of petroleum products to the Defendant, as a result, conducted the quality inspection of petroleum products on or before the instant mobile-sale vehicle’s storage tank (number 121) sample samples (number 121), which were collected from the Defendant, are mixed with approximately 25% of other petroleum products, among the samples of the said 9 samples, and thus, the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 1474, Apr. 18, 2017; Amended by Act No. 14747, Apr. 18, 2017; hereinafter “former Petroleum Substitute Fuel Business Act”).

C. On March 13, 2017, the Defendant rendered a disposition of suspending a business for six months pursuant to Article 13 of the Petroleum Business Act on the ground that he/she violated Article 29(1)1 of the Petroleum Business Act by manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products which combine approximately 25% of the oil of other petroleum products with the Plaintiff’s light oil for automobiles.