[석유판매업허가취소처분취소][공1989.2.15.(842),233]
Whether the Minister of Trade, Industry and Energy may issue an adjustment order under the former Petroleum Business Act (amended by Act No. 3645 of Dec. 31, 1982) to prohibit the manufacture, purchase, and sale of similar gasoline (negative)
The prohibition of the sale, storage, etc. of pseudo petroleum products manufactured by mixing petroleum products with petrochemicals shall not be subject to an order for adjustment under Article 17 of the former Petroleum Business Act (amended by Act No. 3645 of Dec. 31, 1982). Therefore, the Minister of Power and Resources may not issue an order for adjustment to prohibit the manufacture, purchase, and sale of similar gasoline based on the above provision of the Act.
Article 17 of the former Petroleum Business Act (amended by Act No. 3645 of Dec. 31, 1982)
Supreme Court Decision 87Nu504,505 Decided November 8, 1988
Plaintiff
Governor of Jeollabuk-do
Gwangju High Court Decision 85Gu108 delivered on April 24, 1986
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
According to Article 17 of the former Petroleum Business Act (amended by Act No. 3645 of Dec. 31, 1982), the Minister of Power and Resources Affairs may issue an order for coordination under subparagraphs 1 through 10 in a case where he deems it necessary to secure domestic required petroleum due to a significant obstacle to the implementation of the petroleum supply and demand plan or a change in the international petroleum market or where he deems it difficult to secure the domestic required petroleum due to a change in the international petroleum situation, but it does not include any grounds for issuing an order for coordination to prohibit the sale, storage, etc. of pseudo petroleum products manufactured by mixing petroleum products with petrochemicals, and thus prohibiting the sale, storage, etc. of such pseudo petroleum products is not subject to an order for coordination under the above law, and therefore, it is not possible for the power and resources officer to issue an order for coordination on the manufacture, purchase, and sale of pseudo petroleum products on the basis of the above law (Article 87Nu504, 505, Nov. 8, 1988).
According to the reasoning of the judgment of the court below, the court below held that the plaintiff's disposition on the premise that the above adjustment order is legitimate is against the above adjustment order, and thus constitutes a ground for revocation of permission for petroleum sales business or business suspension under the Petroleum Business Act, and that the above disposition of this case was revoked by the plaintiff's timely evidence, and the court below held that the above disposition of this case was erroneous in the misapprehension of legal principles since it erred in the misapprehension of legal principles in the holding that the above adjustment order was legitimate, but the defendant's disposition of this case was unlawful and revoked.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Yong-sung (Presiding Justice)
[Omission]
Justices Kim Yong-han and Kim Yong-han cannot sign and seal on business trip (Presiding Justice)