영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 4, 2015, the Plaintiff: (a) registered a petroleum retail business (gas station) to the Defendant; and (b) engages in petroleum retail business with the trade name called “C gas station” in Ansan-si B (hereinafter “instant gas station”).
B. On May 19, 2016, the former North Korean headquarters discovered a mixture of approximately 70% of oil for automobiles in the oil storage tank of D vehicles (hereinafter “instant vehicle”) as a result of the quality inspection of petroleum products on the mobile-sale vehicles of the instant gas station.
C. On December 7, 2016, the Defendant: (a) violated Article 29 of the Petroleum Business Act by manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products mixed with approximately 70% of other petroleum products (e.g., oil, etc.) on a motor vehicle transit (hereinafter “instant violation”); and (b) issued a disposition of business suspension for 1.5 months pursuant to Article 13(3) of the Petroleum Business Act; and Article 16 of the Enforcement Rule of the said Act.
(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The plaintiff's assertion 1) The non-existence of the ground for disposition in this case is a mixed oil accident caused by the employee of the gas station in this case's oil storage tank without gathering that the oil oil in this case's oil storage tank was lost. The plaintiff did not intend to sell fake petroleum products. 2) The reason why the mixed oil was caused in the vehicle of this case's abuse of discretionary power, the plaintiff's husband is a person with bad credit standing for the disabled, and the family's livelihood would be threatened if the disposition in this case is suspended. The disposition in this case is excessively harsh and thus, it is unlawful to abuse discretionary power.
(b)in addition to the relevant laws and regulations;