사업정지처분 취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The Defendant limited to the Plaintiff on December 5, 2017.
1. The reasoning for the court’s explanation on this part is as follows: (a) except for the case where “ December 11, 2017,” which read “ December 11, 2017,” which read “Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, is the same as the corresponding part of the judgment of the court of first instance; and (b) thus, the same shall be cited in accordance with Article 8(2)
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. The plaintiff's assertion or D, who is the plaintiff's plaintiff's plaintiff or plaintiff, only possessed a dump truck on his own dump truck vehicle (hereinafter "the vehicle of this case") after entering the gas station in the gap of the gas station in the dump truck in the dump, and since the plaintiff did not sell a dump truck to C, there is no reason for the disposition of this case.
B. A judgment 1) In an administrative litigation seeking the revocation of an administrative disposition, the Defendant, who is an administrative agency claiming the legitimacy of the pertinent disposition, bears the burden of proving the legitimacy of the relevant disposition (see, e.g., Supreme Court Decision 2006Du12937, Jan. 12, 2007). Meanwhile, since a sanction imposed on a violation of an administrative law is a sanction based on the objective fact that is in violation of an administrative law in order to achieve the administrative purpose, it does not require the intent or negligence of the offender. However, it does not require that a person cannot be imposed even in a case where there are justifiable grounds for not being able to cause the offender’s neglect of duty (see, e.g., Supreme Court Decisions 2002Du5177, Sept. 2, 2003; 2010Du6700, Dec. 24, 2014).
Furthermore, even if the Plaintiff sold oil as fuel for the instant vehicle, it can be deemed that the Plaintiff sold it.