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. From April 6, 2010, the Plaintiff is operating a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Inn city B from May 6, 2010.
B. On July 25, 2016, D and E collected samples of quality inspection from the storage tank [the electric shock room (1,000 liters) and the rear shock room (875 liters)] of the vehicle for mobile sale (vehicle number F) of the instant gas station.
C. On August 4, 2016, the head of the Korea Petroleum Quality & Distribution Authority notified the Defendant of the result of quality inspections that samples collected from the electric shock room of the said storage tank constitute “fake petroleum products” as defined in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) are mixed with approximately 50% of other petroleum products (e.g., oil, etc.) in the light oil for automobiles.
On December 29, 2016, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff on the ground that the Plaintiff committed an act of manufacturing, etc. fake petroleum products in violation of Article 29(1) of the Petroleum Business Act, instead of suspending business operations for 1.5 months.
(hereinafter “instant disposition”) e.
The plaintiff appealed against the above disposition and filed an administrative appeal, but the Jeonnam-do Administrative Appeals Commission dismissed the plaintiff's appeal on March 30, 2017.
F. Meanwhile, on February 17, 2017, the prosecutor of the Gwangju District Prosecutors’ Office issued a non-prosecution disposition (suspected) on the charge of violating the Petroleum Management Act on the grounds that the Plaintiff did not discover evidence that the Plaintiff intentionally sold light oil and heavy oil.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 12, 13, 15, Eul evidence Nos. 1, 2, 3 and 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. The purpose is to use or allow to use as fuel for vehicles and machinery in order to take an administrative disposition against the absence of a reason for disposition in violation of Article 29(1) of the Petroleum Business Act.