사업정지처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From December 15, 2017, the Plaintiff is operating a gas station with the trade name “C gas station” (hereinafter “instant gas station”).
B. On April 30, 2018, Nonparty D, an employee of the instant gas station, knew that he/she would use the gas in the instant gas station as fuel for a vehicle, he/she provided 350 liters of oil, such as an illegal storage tank installed in the E Trate vehicle using a side-based recreation. On May 3, 2018, he/she provided the same vehicle with 350 liters of oil on the same vehicle (hereinafter “instant violation”), and on June 4, 2018, the Defendant notified the Plaintiff of the instant violation to the effect that “the Plaintiff sold the gas as fuel, so he/she would be placed in the suspension of business for three months.”
C. On July 25, 2018, the Defendant rendered a three-month disposition suspending the business of the instant gas station (from August 8, 2018 to November 7, 2018; hereinafter “instant disposition”) with respect to the instant gas station on the ground that the Plaintiff sold light oil as fuel pursuant to Article 39(1) Subparagraph 8 of the Petroleum and Petroleum Substitute Fuel Business Act to the Plaintiff.
On the other hand, in relation to the instant violation on August 6, 2018, the Plaintiff was subject to a disposition by the Jeju District Court Jeju District Court for the reason that “A person who has been engaged in the oil sales business shall not be deemed to have been engaged in the management and supervision for the prevention of the violation within the scope of his/her knowledge.” However, D was subject to a summary order of KRW 1 million on the same day due to the recognition of the existence of the intent to commit the instant violation, as Cheongju District Court Decision 2018 High Court Decision 201Da778, Sept. 22, 2018. The said summary order was finalized on September 22, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including each number, hereinafter the same shall apply), Gap evidence 3 through 8, Eul evidence 1 to 8, the purport of the whole pleadings
2. Determination as to the legitimacy of the instant disposition is made.