사업정지처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court's explanation of this case is the same as the ground for the judgment of the court of first instance. Thus, this case is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
[Plaintiff's assertion to the effect that "the amount of oil in the oil tank before the collection of samples is not confirmed," unlike the statement of the staff of the Institute Institute's headquarters, the employee of the Institute Institute's headquarters did not confirm the quantity of oil in the oil tank before the collection of samples, and the above light tank has 400 to 500 liters, so that the front light oil is highly likely to go beyond the rear space." However, as the court below properly states, sanctions against the violation of administrative laws and regulations can be imposed even if there is no intention or negligence on the violator, unless there are special circumstances, such as the violation of administrative laws and regulations, in order to achieve administrative purposes, since sanctions against the violation of administrative laws and regulations are imposed intentionally or negligently. (See Supreme Court Decision 2002Du5177, Sep. 2, 2003). The plaintiff's assertion that the plaintiff's assertion that the plaintiff did not neglect his duty, and thus, the judgment of the court of first instance cannot be dismissed. Thus, the plaintiff's appeal of this case is justified.