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 is a person operating a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Kimpo-si B.
B. On January 29, 2014, the Korea Petroleum Quality & Distribution Authority: (a) collected samples of petroleum products in D mobile petroleum retail vehicles owned by the Plaintiff (hereinafter “instant selling vehicles”); and (b) conducted the quality inspection of petroleum products for the sample; (c) the said samples were determined as a fake petroleum product mixed with approximately 5% of other petroleum products; and (d) notified the Defendant of the foregoing fact on February 19, 2014.
C. On May 12, 2014, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff on the ground that the Plaintiff manufactured fake petroleum products and violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed by the Gyeonggi-do Administrative Appeals Commission on July 15, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 through 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the absence of the Plaintiff’s ground for disposition 1 is divided into two partitionss of oil storage space, only one main organic facility which discharges petroleum loaded in the oil storage place is installed, there is a high possibility of mixing oil by remaining oil remaining in the main organic facility.
In order to prevent such possibility of mixing, the Plaintiff has been engaged in a detailed work. However, on January 28, 2014, E, an employee of the Plaintiff, neglected to discharge residual oil on the main abandonment of the instant selling vehicle, and the oil, which entered the storage partitions of the instant selling vehicle.