영업소폐쇄처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 1, 2014, the Plaintiff was subject to a disposition suspending business from May 4, 2016 to August 3, 2016 (hereinafter “previous disposition”) while running a wholesale and retail business with the trade name “C” in Daejeon-gu, Daejeon-gu.
B. On September 19, 2016, the Defendant sold dump trucks using a mobile-sale vehicle in front of Daejeon Seo-gu D on July 21, 2016 (hereinafter “instant selling act”). On the ground of its reason, the Defendant issued a disposition of closing the place of business (hereinafter “instant disposition”) pursuant to Article 13(5) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 3, 5, 9, and 10, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion argues to the effect that “The Plaintiff was an employee of the Plaintiff, only sold the same oil independently after having left the work, and does not sell the same during the period of suspension of business. Therefore, the instant disposition is unlawful on the ground that there was no ground for disposition.”
(b)be as indicated in the relevant Acts and subordinate statutes;
C. According to the records in Gap evidence No. 8, the plaintiff was found to have received a non-prosecution disposition from the Daejeon District Prosecutors' Office that "the plaintiff instructed E to sell dump trucks, etc. on July 21, 2016, at around 05:45, on the street before Daejeon Seo-gu, Daejeon District Prosecutors' Office, using a mobile-sale vehicle, etc." against the suspicion of violating the Petroleum and Petroleum Substitute Fuel Business Act.
However, the administrative judgment is not bound by the prosecutor's disposition of non-prosecution, but can fully recognize facts against the prosecutor's free evaluation by evidence.
Supreme Court Decision 201Da1448 delivered on October 26, 1987