과징금부과처분취소
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 registered the petroleum selling business with the trade name “Criju station” in Namyang-si, Namyang-si, and sold petroleum products.
B. On February 26, 2016, D, an employee of the Plaintiff, is supplying 188 liters, such as automobile transit, to Hpokes used by G using F mobile-sale vehicles (a partition wall installed in tank intermediate) at the construction site of the E-House in Nam-si, Nam-si.
The Institute was found to be a staff member of the North Korean headquarters in the Seoul metropolitan area, and as a result of collecting samples from the above Poke tank, it was confirmed that other petroleum products (such as light oil, etc.) were mixed with about 15% in the light oil for automobiles.
C. On March 10, 2016, the director of the headquarters of the Seoul Metropolitan Area North Korea Institute notified the Defendant of the fact that “The CBL violated Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) by selling light oil to H Pokes through automobile transit.”
Accordingly, on May 9, 2016, the Defendant imposed a penalty surcharge of KRW 50,000,000 on the Plaintiff in lieu of the disposition of business suspension after hearing the opinions.
(hereinafter “instant disposition”) e.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the said commission dismissed it on August 10, 2016.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 through 3 evidence (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. Whether the disposition is lawful;
A. The Plaintiff’s instant disposition should be revoked on the following grounds.
1. The Plaintiff’s act of violating the duty of violating the duty of the Plaintiff’s employee, without removing the lights remaining in the gas station after the Plaintiff’s employee delivered the oil to the general housing and the church, immediately shares the transit of the car to the Pokes.
The same is similar to the mixed oil that was caused by the same luxal oil.