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(영문) 대구지방법원 2017.07.14 2017구단478

석유판매업사업정지행정처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 12, 2005, the Plaintiff registered a petroleum retail business (gas station) with the Defendant, and runs a petroleum retail business with the trade name called “C gas station” (hereinafter “instant gas station”).

B. On January 6, 2014, the Daegu border headquarters discovered that the employee of the gas station in this case at the “E” place of business located in Busan Metropolitan City, using mobile-sale vehicles (F; hereinafter the “instant vehicle”). On the same day, the Institute discovered that the instant vehicle had the transit on a concrete mixture truck, and discovered about 45% of the oil storage tank of the said vehicle, by conducting the quality inspection of petroleum products on the instant vehicle.

C. On February 14, 2017, the Defendant rendered a disposition for the suspension of business for two months against the Plaintiff pursuant to Article 13(3) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 16 of the Enforcement Rule of the same Act for the following reasons:

(hereinafter “instant disposition”). (1) The instant disposition committed a violation of the business methods by petroleum selling business prohibited under Article 39 of the Petroleum Business Act by supplying concrete mixtures trucks using mobile-sale vehicles with light oil for automobiles.

(2) The Plaintiff manufactured, imported, stored, transported, stored, stored, or sold fake petroleum products containing approximately 45% of other petroleum products (al.e., oil) on a car transit, thereby violating Article 29 of the Petroleum Business Act.

(hereinafter referred to as “instant violation 2”). [Grounds for recognition] . [In the absence of dispute, each entry and video of Gap’s 1 through 7, 9, 10 evidence, Eul’s 1 through 13, and 17 evidence (including each number; hereinafter the same shall apply) and the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that it was discovered as fake petroleum products in the instant case where no violation of Article 2 of the instant case was committed is the petroleum products of oil storage tank in the back partitions of the instant vehicle, and the original rear partitions.