과징금납부명령처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are running a liquefied petroleum gas sales business, etc. while operating the filling station in the Gu, Si, Gu, and Si (hereinafter “instant filling station”).
나. 한국석유관리원은 2014. 10. 31. 이 사건 충전소에 보관되어 있던 액화석유가스에서 시료를 채취하여 검사한 결과, 액화석유가스 2호의 경우 C₃ 탄화수소(프로판) 성분조성이 약 23mol %(기준치 10mol % 이하), C₄ 탄화수소(부탄) 성분조성이 약 77mol %(기준치 85mol % 이상)로 품질기준에 미달되는 것으로 판정되자, 그 결과를 피고에게 통보하였다.
C. On August 20, 2015, the Defendant imposed a penalty surcharge of KRW 19,608,00 on the Plaintiffs on the ground that the Plaintiffs sold low-quality products in violation of Article 26(3) of the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter “ Liquefied Petroleum Gas Act”) and Article 13 and 14 of the Liquefied Petroleum Gas Act, and Articles 20, 21, and 20, attached Tables 8 and 9 of the Enforcement Rule of the Liquefied Petroleum Gas Act: 30 days of business suspension = 817,00 won (the amount of penalty surcharge per day for business suspension based on the Plaintiff’s annual sales 5,707,198,000) ¡¿ (1-1/5) 】 (1-1/5) by the deadline for payment on September 4, 2015.
The defendant on September 29, 2016, to the plaintiffs, the plaintiffs C.
Articles 25(3), 9, and 10 of the former Liquefied Petroleum Gas Act (wholly amended by Act No. 13089, Jan. 28, 2015; hereinafter “former Liquefied Petroleum Gas Act”); Articles 17, 18, and 10 of the former Enforcement Rule of the Liquefied Petroleum Gas Act (wholly amended by Ordinance of the Ministry of Trade, Industry and Energy No. 146, Jul. 29, 2015; hereinafter the same shall apply); and Articles 17, 18, 10, and 11 of the former Enforcement Rule of the Liquefied Petroleum Gas Act shall apply to the acts described in the paragraph; and each of the aforementioned provisions requires that the amount of penalty surcharges determined in the imposition of the penalty surcharges as of August 20, 2015 = 30 days of business suspension 】 520,000 won (the amount of penalty surcharges per one day imposed on the plaintiff’s annual sales 5,707,198,000) x 111/5).