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(영문) 광주지방법원 2018.06.28 2017구합12346
사업정지처분취소
Text

1. The Defendant’s disposition suspending the Plaintiff’s business on May 22, 2017 is revoked for 45 days.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff was established on July 2, 2014 and operated a gas station in the Southern-gun B, Nam-nam, and sold petroleum, etc., and C is the Plaintiff’s representative.

B. On April 24, 2017, the Defendant imposed a penalty surcharge of KRW 100 million on the ground that the Plaintiff committed an act prohibited under Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14476, Dec. 27, 2016; hereinafter “petroleum Business Act”) on “sale of light oil as fuel such as tea, etc.” under Articles 14(1)3, 13(3)8, and 13(1)15 of the Petroleum Business Act.

From July 2014 to September 20, 2016, the Plaintiff sold 402,812 liters as fuel for dump truck by a method of oiling at least 500 liters to 1,000 liters at one time on the tank glass vehicle in the name of E operated by D.

C. Since then, the Defendant changed the disposition of KRW 100,000,000 to “three months of business suspension” on May 22, 2017, when the Plaintiff did not pay the said penalty surcharge.

(hereinafter “instant disposition”). Accordingly, the Plaintiff filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission, and the Jeonnam-do Administrative Appeals Commission rendered a ruling on June 26, 2017 with a view to reducing the “three-month business suspension” disposition to “45 days business suspension.”

According to the above ruling, on August 7, 2017, the Defendant notified the Plaintiff that he would take the “45 days of business suspension.”

Meanwhile, on the other hand, the Plaintiff and the Plaintiff’s complaint F of the gas station was investigated on the grounds of the above violation. On March 9, 2017, the office of the Maritime Affairs Office of the Gwangju District Prosecutors’ Office rendered a disposition without suspicion on the grounds that “It is difficult to readily conclude that the oil above was sold by the suspect with knowledge that it would be used as vehicle fuel, and there is no other evidence to acknowledge it.”

E. The defendant is the other party to the disposition in the process of the above disposition.

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