beta
(영문) 대전지방법원 2017.11.15 2017구합963

석유및석유대체연료사업법위반 사업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On February 23, 2017, the Defendant, Daejeon Chungcheongnam-nam Headquarters, and the Hongsung Police Station (hereinafter “instant joint inspection”) conducted a joint inspection of the gas station B operated by the Plaintiff (hereinafter “instant gas station”) and discovered the fact that the instant gas station, from January 2017 to April 3, 2017, sold light oil as fuel for vehicles using a fixed entertainment (hereinafter “instant violation”).

Accordingly, on April 14, 2017, the Defendant: (a) Articles 13(3)8 and 39(1)8 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter “former Petroleum Business Act”); (b) Articles 16 and 16 of the former Enforcement Rule of the Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 277, Oct. 19, 2017; hereinafter the same shall apply); (c) [Attachment 1]

2. Individual standards:

C. 15) Pursuant to paragraph (e)(e), three months of business suspension was imposed.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal seeking the revocation of the instant disposition with the Chungcheong-do Administrative Appeals Commission, but the Chungcheong-do Administrative Appeals Commission dismissed the Plaintiff’s claim on June 19, 2017.

In fact that there is no dispute (applicable to recognition), Gap's evidence Nos. 1, 3, 4, and 6, Eul's evidence Nos. 1 through 3, and the purport of the whole pleadings as to the legitimacy of the disposition of this case, the plaintiff's alleged truck driver D has a plastic box several times to find the gas station of this case and use it for domestic, agricultural, and heating purposes, and the employee E of the gas station of this case sells the oil by deceiving from D, and it was not clear that D et al. can use it as fuel for the cargo vehicle.

Nevertheless, on the ground that E complies with D's request to settle the sales price such as oil by the fuel subsidy card, the Defendant sold the oil of the Plaintiff as the fuel for the freight vehicle.