The case holding that a disposition to revoke permission for a petroleum retail business on the ground of similar gasoline sale is illegal as a deviation of discretion.

The sanctions on the sale, etc. of pseudo petroleum products under Articles 13(3)6, 13(1)10, and 22 of the Petroleum Business Act belong to an administrative agency’s act of binding discretion. Accordingly, in order to revoke permission for a petroleum selling business, it should be limited to the extent that public interest needs to be justified by comparing the public interest arising from the act of violation with the disadvantage of the parties, depending on the content and degree of the act of violation, and the disadvantage of the parties. Thus, although the gasoline sold by the Plaintiff was found to be a similar gasoline of 86, which is below the standard carbon value of 88, but it was the first violation after the Plaintiff obtained permission for a petroleum selling business, and the above act was reduced due to the mixing of high-point petroleum products, such as the degree of violation, etc., and was caused by the management negligence rather than the intended act for profit. If the Plaintiff suffers a lot of property loss due to the revocation of permission, the Defendant’s revocation of permission for a similar petroleum selling business by citing it exceeds the scope of discretion.

Articles 13 and 22

Attorney Park Jong-chul, Counsel for the defendant-appellant-appellant

Do Governor of Gyeonggi-do;

Daegu High Court Decision 89Gu1071 delivered on December 13, 1989

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

The judgment of the court below is justified in the determination of the court below in light of the above legal principles and the record, the court below did not err in the misapprehension of the discretionary authority's discretion, on the ground that in order to revoke a petroleum retail business license under Article 13 (3) 6, Article 13 (1) 10, and Article 22 of the Petroleum Business Act, the sanctions for the sale, etc. of pseudo petroleum products belong to an administrative agency's speed discretion, and on the ground that in order to revoke a petroleum retail business license, the necessity of high interest should be the degree to justify the disadvantage of the parties compared to the public interest due to the violation and the disadvantage of the parties, depending on the content and degree of the violation.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ansan-man (Presiding Justice)