시료채취행위 위법확인 등
1. Of the instant lawsuit, the part regarding the claim for verification of illegality of collecting samples listed in the separate sheet No. 1 shall be dismissed.
2. The plaintiff.
1. Basic facts
A. The Plaintiff of the parties is a company that operates a gas station business in Seo-gu, Seo-gu, Incheon Metropolitan City (Seouldong), and the Defendant is a corporation established pursuant to Article 25-2 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
B. On September 12, 2016, an inspector A and B, who belongs to the Defendant, had a mobile-sale vehicle parked in an officialter near the Bomunbuk-si station in Bomunbuk-do, move to the above gas station, and collected samples from the oil tank installed in the above mobile-sale vehicle at the above gas station (hereinafter “instant sampling”).
C. On September 23, 2016, the Defendant notified the Plaintiff of the result of the quality inspection of petroleum products and the result of the quality inspection of petroleum products to the effect that other petroleum products (e.g., oil, etc.) constitute fake petroleum products as referred to in Article 2 subparag. 10 of the Petroleum Business Act, as the samples taken from oil tanks in mobile-sale vehicles are mixed with approximately 15% of the automobile diesel oil
Prior notice of disposition by the head of Seo-gu Incheon Metropolitan City and the plaintiff's objection;
3. The low oil station was under quality inspection in good faith after delivery of the home, and it was an accident that was conducted under quality inspection without recognizing the mixture of light oil and light oil, by opening an erroneous water valve for the elderly employees with poor mechanical manipulation, not intentional, by opening it.
Accordingly, on September 28, 2016, the head of Seo-gu Incheon Metropolitan City notified the Plaintiff that he/she will impose an administrative disposition of “three months of business suspension” on the ground of a violation of Article 29(1)1 of the Petroleum Business Act (hereinafter “instant administrative disposition”), and demanded the Plaintiff to present his/her opinion by October 31, 2016, and the Plaintiff submitted the following opinion to the Defendant on October 2016.
In addition, on November 2, 2016, the Plaintiff raised an objection that the collection of samples from the Defendant, A, and B was conducted unfairly, and the previous quality inspection was conducted.