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(영문) 부산지방법원 2019.04.05 2018구합21652

석유판매업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On May 14, 2015, the Plaintiff is a company that runs a petroleum retail business (general agency) and sells petroleum products (limited to ship oil) with the registration of the Defendant pursuant to Article 10(1) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 12(8) of the Enforcement Rule of the same Act, and owns B, C, D, etc., which is a vessel for vessel supply use.

On June 27, 2017, the first quality inspection conducted against the Plaintiff, and the Defendant’s first disposition headquarters collected light oil and heavy oil samples from the Plaintiff’s vessel B, C, D, etc. and conducted the quality inspection, and then, on July 11, 2017, notified the Plaintiff of the result and filed a complaint against the Plaintiff pursuant to Article 45 of the Petroleum Business Act.

On June 27, 2017, the Plaintiff submitted a written opinion stating that “on August 7, 2017, the current stored oil has long been stored, and the retail business has no facilities that make it possible for the Plaintiff to check and supply the oil conditions by considering the oil conditions as the land and it is inevitable for the Plaintiff to check and supply the oil conditions, and in the future, it would be difficult to accept the above results of the examination, and in the future, it would be possible to thoroughly correct the tank cleaning and management by thoroughly correcting the tank cleaning and management.”

Article 13(3)11 of the Petroleum Business Act and Article 16 [Attachment Table 1] of the Enforcement Rule of the same Act, on January 31, 2018, on the ground that the Defendant received the above opinion from the Plaintiff, and on January 31, 2018, violated the Plaintiff’s prohibition of selling petroleum products that do not meet the quality standards under Article 27 of the Petroleum Business Act.