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(영문) 수원지방법원 2016.11.08 2014구합58250

사업정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is operating the “C gas station” in Sju City B.

The Plaintiff received a request from D (hereinafter referred to as “D”) to supply petroleum products, and caused E to manufacture petroleum products in D’s heavy equipment using an oil tank, which is a mobile-sale vehicle (hereinafter “instant oil tank”).

B. Accordingly, on June 10, 2014, E injecteds petroleum products into two tank tanks of the instant oil tank (hereinafter referred to as “tank 1 tank”, the rear tank as “Class 2 tank”) at the construction site of Gyeyang-gun, Gyeonggi-do (hereinafter referred to as “the instant site”), and during that process, a public official affiliated with the Defendant collected samples from two tank 1 tanks, D’s scrapers, and so on.

45% of the transit 45% of fake petroleum products for organic vehicles, such as the name of the source of samples, etc., shall be determined by the mixture ratio of oil, etc., such as the name of the source of samples, 35% c5% of the stamper 2

C. On June 23, 2014, the Korea Petroleum Quality & Distribution Authority inspected the sample collected as above, and on June 23, 2014, the sample collected from the first tank of the oil tank of this case from the Defendant was notified to the Defendant of the “franchising petroleum products” under Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

According to the above notification, the Defendant’s administrative disposition criteria under Article 34 subparag. 1 of the Petroleum Business Act, Article 42(1) [Attachment 1] of the former Enforcement Rule of the Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 79, Aug. 12, 2014; hereinafter the same shall apply) against the Plaintiff on September 5,

2.(c)

12) Pursuant to subparagraph (b) (ii), three months of business suspension (hereinafter “instant disposition”) was imposed.

grounds for recognition.