사업정지처분 등 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B has been engaged in petroleum retail business under the trade name of “D gas station” in the nuclear power station C (hereinafter “instant gas station”).
B. On August 17, 2017, the Korea Petroleum Quality & Distribution Authority collected one sample of 1 gasoline for automobiles and seven samples for automobiles in the instant gas station.
On November 6, 2017, the head of the Daejeon Chungcheong Headquarters notified the results of quality inspection that other petroleum products (e.g., oil content, etc.) are mixed with about 15% of the sample for automobile transit (No. 1031, 1032, 1034, 1036, and 1037) and other petroleum products (e.g., oil content, etc.) are mixed with about 10% of the sample for other automobiles (No. 1035, 1038).
C. On December 5, 2017, the Defendant: (a) on the ground that B violated Article 13(4)8 of the former Petroleum Business Act (amended by Act No. 1474, Apr. 18, 2017) on the ground that “B stored, stored, or sold fake petroleum products and violated Article 29(1) of the Petroleum Business Act,” stipulated Article 13(3) of the former Petroleum Business Act (amended by Act No. 1474, Apr. 18, 2017); (b) an order to cancel the registration of a petroleum retailer and to suspend the business; and (c) an order to suspend the business of an international petroleum trader’s place of business on April 18, 2017, pursuant to Article 13(3); and (d) of the former Petroleum Business Act (amended by Act No. 1474, Apr. 5, 2017).
However, Articles 1 and 4 of the Addenda of the above amended Act provide that the amended Act shall enter into force on October 19, 2017, but it shall be in accordance with the previous provisions regarding administrative disposition on the violation committed before the enforcement of the Act. Since it was discovered in a prosecutor conducted on August 17, 2017, prior to the enforcement of the amended Act, that sales of fake petroleum products was conducted on August 17, 201, it was discovered, which is the previous provision, on April 18, 2017.