석유및석유대체연료사업법위반사업정지처분
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The grounds for the judgment of the court of first instance quoted in the judgment of the court of first instance pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, which shall include the following 2.
2. (i) The instant disposition was the ground for the disposition of violation of Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”). The Defendant asserts that an act of violation of Article 39(1)8 of the Petroleum Business Act was added to the preliminary disposition for the first time.
According to the written evidence Nos. 3, 4, and 5, the original reason for the instant disposition is that the sample collected from the selling vehicle of the gas station operated by the Plaintiff is a product which combines about 80% of other petroleum products (such as light oil, etc.) on the automobile transit, and the sample collected from the scke and the cke with the above selling vehicle is about 20% of other petroleum products (such as oil, etc.) on the vehicle diesel, and about 25% of other petroleum products (such as oil, etc.) on the vehicle diesel, and the Plaintiff committed an act of violating Article 29(1)1 of the Petroleum Business Act.
Article 29(1)1 of the Petroleum Business Act provides that no person shall manufacture, import, store, transport, keep, or sell fake petroleum products.
As above, Article 2 of the Petroleum Business Act provides that the term “fake petroleum products” means comburents, additives, and any other name, which are manufactured by any of the following methods, and was manufactured for the purpose of using them as fuel for automobiles, etc.
As above, “any of the following methods” means the method of mixing petroleum products with other petroleum products (Ga. (a) and mixing petroleum products with petrochemicals (Na. (b) and mixing petrochemicals with other petrochemicals (Da. (c) and petroleum products or petrochemicals.