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 operating the gas station C in Seowon-gu, Seowon-si (hereinafter “instant gas station”).
B. On April 17, 2015, the Chungcheong Headquarters conducted an inspection of the quality and distribution of petroleum products of the instant gas station (hereinafter referred to as “instant control”). D purchased approximately 140 liters at the gas station on April 17, 2015, and contained them in the storage tank illegally remodeled inside the relevant ownership of the said vehicle, and then discovered the fact that the said vehicle moved the said vehicle to the passenger yard adjacent to the gas station and parked therein, and notified the Defendant of the result of the control on April 29, 2015.
C. Accordingly, on the ground that the Defendant violated Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”), imposed a penalty surcharge of KRW 100 million on January 7, 2016 on the Plaintiff, but did not pay the penalty surcharge, on March 22, 2016, the Defendant revoked the disposition imposing the penalty surcharge and issued the disposition suspending the business (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 11, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion did not know that D purchased light oil for the purpose of using it as the fuel for the vehicle, but did not belong to the gas station at the time of purchase of light oil. Thus, it cannot be said that D violated the Petroleum Business Act.
Therefore, the instant disposition should be revoked in an unlawful manner.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Sanction against the violation of the administrative law 1 is a sanction against the objective fact of the violation of the administrative law in order to achieve the administrative purpose. Thus, barring special circumstances, such as where there is a justifiable reason not to mislead the violator of his/her duty.