과징금부과처분취소
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 February 24, 1996, the Plaintiff is a person who operates a gas station C (hereinafter “instant gas station”).
B. On February 17, 2014, the Institute collected two oil storage tanks in the instant gas station and DNA vehicles (hereinafter “instant vehicles”) in front of the storage tank for mobile-sale vehicles, and conducted quality inspections. As a result, the samples collected from two oil storage tanks were judged to be in quality. However, the samples collected from the front section of the instant vehicle’s storage tank were confirmed to be fake petroleum products (such as oil, etc.) mixed with 10%.
C. On April 14, 2014, the Defendant imposed a penalty surcharge of KRW 50 million in lieu of business suspension 45 days pursuant to Articles 13(3)8 and 14 of the Petroleum Business Act on the ground that the Plaintiff stored fake petroleum products in violation of Article 29(1) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
On August 21, 2014, the Cheongbuk-do Administrative Appeals Commission filed an administrative appeal with the Cheongbuk-do Administrative Appeals Commission. On the other hand, the Cheongbuk-do Administrative Appeals Commission rendered a ruling to change the amount of the penalty surcharge to KRW 25 million upon accepting the Plaintiff’s claim, taking into account the following: (a) the Plaintiff was subject to a disposition of non-prosecution by the prosecution; (b) the Plaintiff was ordered to take corrective measures against the violation caused by the structural defect of the vehicle
(hereinafter referred to as the above, the imposition of a penalty surcharge as of April 14, 2014, which was reduced by 25 million won, shall be referred to as the “instant disposition”). / [Grounds for recognition] of absence of dispute, entry of evidence A Nos. 1 and 2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. According to the Plaintiff’s assertion 1 and Article 2 subparag. 10 of the Petroleum Business Act, fake petroleum products are mixed with other petroleum products.