영업정지처분취소
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 running a petroleum retail business with the trade name called “C gas station” (hereinafter “instant gas station”).
B. On April 16, 2014, the Defendant issued a disposition to impose a penalty surcharge of KRW 15,00,000 on the Plaintiff by applying Articles 39(1)8 and 13(3)8 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 12294, Jan. 21, 2014; hereinafter “former Petroleum Business Act”) on the ground that the Plaintiff sold any light oil for automobile using a mobile-sale vehicle as fuel for a vibration strawer vehicle.
C. The Defendant, upon the Plaintiff’s failure to pay the penalty surcharge within the payment deadline, notified the change of the administrative disposition, and revoked the imposition of the penalty surcharge on June 27, 2014, and issued the instant disposition.
[Ground of recognition] The fact that there has been no dispute, Gap's evidence of subparagraphs 1 through 4, Eul's evidence of subparagraphs 3 through 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Article 39(1)8 of the former Petroleum Business Act provides that “any other act detrimental to the sound distribution order of petroleum and alternative fuel, as prescribed by Presidential Decree.” Article 43(1)1 of the former Enforcement Decree of the Petroleum Business Act merely provides for “supply” or “supply” in violation of the business scope or business method of each petroleum retail business or each alternative fuel retail business under each subparagraph of Article 2 of the former Petroleum Business Act, and there is no separate provision regarding “sale.” Thus, the instant disposition against the Plaintiff’s mobile sales of petroleum must be revoked as it is issued without any justifiable provision. Considering the above circumstances, the instant disposition is unlawful since it deviates from and abused discretionary power, such as violating equity.
(b) as shown in the attached Form of the relevant statutes.
(c).