액화석유가스충전사업변경불허가처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On May 9, 1968, the Plaintiff filed an application with the Defendant for permission to change the business of filling liquefied petroleum gas (hereinafter “instant application”) in order to add a container charging business, container charging business fixed on a vehicle, gas heating container charging business, and gas heating container charging business as prescribed by Article 2(1)1 of the former Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act (wholly amended by Presidential Decree No. 26438, Jul. 24, 2015) with permission for liquefied petroleum gas charging business (hereinafter “instant application”). On March 30, 2015, the Plaintiff filed an application with the Defendant for permission to change the liquefied petroleum gas charging business (hereinafter “instant application”).
The place of application is adjacent to the charging station as a residential area and the school is located, and the apartment complex is an apartment complex is scattered in the area, and the citizen playgrounds used by the public are located in the area, and frequent gas shock and electric shock work and boom vehicles are frequently operated in addition to the business, and human life damage and enormous property loss are incurred when safety accidents occur.
B. On April 1, 2015, the Defendant: (a) notified the Plaintiff of the refusal of the instant application pursuant to Article 4(1) of the former Safety Control and Business of Liquefied Petroleum Gas Act (amended by Act No. 13089, Jan. 28, 2015; hereinafter “former Liquefied Petroleum Gas Act”); and (b) as such, the Defendant undermined public safety and interests on the following grounds (hereinafter “instant disposition”).
C. On June 18, 2015, the Plaintiff appealed to the Daegu Metropolitan City Administrative Appeals Commission, but the Daegu Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s appeal on July 27, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is in accordance with the former Liquefied Petroleum Gas Act.