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(영문) 서울행정법원 2017.04.06 2015구합63081
과징금부과처분 등 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The details and details of the disposition are the company for the purpose of refining petroleum products and selling the same product, etc., and the Gangseo-gu Seoul Metropolitan Government "C gas station" (hereinafter referred to as the "instant gas station") is operating in Gangseo-gu Seoul Metropolitan Government.

On September 10, 2013, the Plaintiff entered into a management services contract with D to entrust D with the storage and management of petroleum products, the sale of petroleum products and the collection of proceeds, and D is entrusted with the operation of the instant gas station from October 1, 2013.

On February 13, 2015, E and F, who are employees of the Korea Petroleum Quality Authority, collected samples of quality inspection of two points in each of the storage tanks [the water tank (2,00-liter) and post-proof storage room (1,000-liter) of the instant gas station (vehicle number G; hereinafter referred to as the “ Home-ro vehicle”) of the instant gas station.] around February 13, 2015, the quality inspection samples of two points in each of the instant gas station were collected.

(hereinafter “Collection of Samples”). On March 3, 2015, the director of the headquarters of the Seoul Metropolitan Area North Korea Institute notified the Defendant of the result of the quality inspection that the samples collected from the electric shock room of the storage tank are mixed with approximately 50% of other petroleum products (e.g., oil, etc.) in the light oil for automobiles, and thus, constitutes a fake petroleum product under Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

On April 22, 2015, the Defendant imposed on the Plaintiff a penalty surcharge of KRW 50 million as stated in [Attachment 1] List 1.2 of the Petroleum Business Act on the ground that “a fake petroleum product (al.e., oil, etc.) mixed with approximately 50% of other petroleum products (al., oil, etc.) on a vehicle transit is stored on the home log vehicle” and published a violation of the prohibition obligation for three months (from April 24, 2015 to July 23, 2015) as stated in [Attachment 1] List 2.

(hereinafter referred to as “each of the instant dispositions”). The Home-ro Vehicles separated from the two storage tanks shall, even after the loading and unloading of all petroleum products loaded in the structure, remain in the following three parts of the forests:

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