사업정지처분취소
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 July 1, 2010 to that date, the Plaintiff is operating a “C gas station” located in the Busan Seo-gu B.
B. On November 29, 2012, the Inspection Team for the Inspection Team for the Institute’s regional headquarters in Yong-nam District Headquarters collected samples from D mobile-type sales vehicles owned by the Plaintiff (hereinafter “instant mobile-type sales vehicles”) that arrive at the 6th section site of the Busan Urban Railroad Expansion Corporation, and from CNAto, arrive at the said site in order to sell light oil for automobiles.
C. On December 12, 2012, the head of the Yong-Namnam regional headquarters notified the Defendant of the result that “as a result of conducting the quality inspection of petroleum products for samples taken as above, it was found that other petroleum products (e.g., oil, etc.) were mixed with 5% in the automobile transit on the sample number Nos. 5 and 6.”
On the other hand, on December 17, 2012, the Defendant notified the Plaintiff of the aforementioned prior disposition that “the Plaintiff will impose three months of the subsequent business suspension or penalty surcharge of KRW 100 million.” On the other hand, the Plaintiff filed an objection to the effect that the collection of samples without considering the special characteristics of the mobile-type vehicle on December 26, 2012.
Accordingly, the Defendant sent a reply to the effect that “The Institute has requested the head of the Yong-Namnam regional headquarters to re-examine the Institute, and the head of the Yong-Namnam regional headquarters submitted on January 8, 2013 that “The results of re-examination are mixed with other petroleum products (e.g., oil, etc.) into 5% in light of automobile transit from 5 and 6 sample numbers, as the result of the initial examination, so it constitutes fake
E. On January 14, 2013, the Defendant issued a disposition suspending business for the reason that he/she stored or sold fake petroleum products to the Plaintiff based on Articles 29(1)1 and 13(3)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) (from February 1, 2013 to April 30, 2013).
F. The plaintiff is dissatisfied with this and Busan Metropolitan City.