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. The Plaintiff is running a petroleum retail business with the trade name called “C gas station” in Spocheon-si B (hereinafter “instant gas station”).
B. On April 20, 2015, the Chungcheong Headquarters notified the Defendant of the result of the quality inspection that diesel for automobiles collected at the instant gas station on April 6, 2015 and April 7, 2015 constitutes fake petroleum products as prescribed by Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
C. On June 10, 2015, the Defendant issued a disposition imposing a penalty surcharge of KRW 50,000,000 on the Plaintiff pursuant to Article 14(1)3 of the former Act on the ground that “the Plaintiff stored, stored, and sold fake petroleum products and violated Article 29(1)1 of the Petroleum Business Act” (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6, Eul evidence No. 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that the Institute, while taking samples from the Plaintiff, forced the Plaintiff to sign a written statement that it keeps fake petroleum products.
Article 28(2) [Attachment 4] of the Enforcement Rule of the Petroleum Business Act
2.(a)
1) According to the method of collecting crude oil and petroleum products sample, one of the three of the primary samples taken from the primary sample was sent to the Plaintiff, but this process was not followed. Moreover, the process of sealing the collected samples with the consent of the Plaintiff was also not followed. Therefore, since the method of collecting samples of the Institute is a defect in the process of process, it is impossible to trust the results of quality inspection of the collected samples, and the disposition based on the premise thereof should be revoked. (B) Interpretation of the relevant Act and subordinate statutes: Article 25(2) of the Petroleum Business Act is interpreted.