영업정지처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation whose purpose is to sell oil (oil, light oil, and light oil).
B. On November 26, 2018, the Defendant issued a disposition of business suspension for three months pursuant to attached Table 1 of Article 16 of the Enforcement Rule of the Petroleum Business Act (hereinafter “instant disposition”) on the ground that the Defendant, by recognizing that the Plaintiff used the same as a fuel for a vehicle and selling it to B, was prohibited under Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
C. Meanwhile, on the grounds that the Plaintiff’s head of the Plaintiff’s place of business (i.e., a total of 24,839 liters ( considerable to KRW 22,042,250) via transit over 14 times from January 2, 2018 to March 13, 2019, was subject to a disposition of suspension of indictment on the grounds that “the fact of suspicion is recognized, but there is no history of punishment for the same kind of crime, there is no history of criminal punishment, and there is relatively weak criminal intent, and there are other circumstances that are anticipated to be subject to administrative disposition, such as suspension of business, etc. due to the above offense,” the Plaintiff received a disposition of suspension of indictment on the grounds that “A, an employee of the Plaintiff, has committed a crime, and suspension of indictment against C” was taken into account.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1, 2, 8, and 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) No ground for the instant disposition exists. 2) The instant disposition deviates from and abused discretion.
(b) The attached Form of relevant statutes is as follows.
C. 1) The existence or absence of the reason for the disposition is a sanction against the violation of the administrative laws and regulations is a sanction against the objective fact of the violation of the administrative laws and regulations in order to achieve the administrative purpose, and therefore, it cannot be justified that it causes the breach of the duty of the offender.