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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a land owner of B truck (hereinafter “instant vehicle”) and is a person who enters into an entrustment contract with the Peace Korea Transportation Corporation and carries on cargo transport business with respect to the said vehicle.
B. From September 3, 2012 to February 19, 2013, the head of Busan Coast Guard discovered that the Plaintiff used mobile-type vehicles and used the mobile-type vehicles to share fake oil at the wharf’s price less than the market price, and that the card slips contain the fact that the Plaintiff received the fuel subsidy by the method of settling the price as if he had the oil on the market (such as return of cash equivalent to the discount amount or receiving the oil equivalent to the discount amount) as if he had the oil on the market, and notified the Busan Metropolitan City on January 24, 2014, and the Busan Metropolitan City notified the Defendant of this on January 28, 2014.
C. Accordingly, on April 23, 2014, the Defendant was above the Plaintiff.
In accordance with Articles 44 and 44-2 of the Trucking Transport Business Act (hereinafter referred to as the “ Trucking Transport Business Act”) and Articles 28 and 29 of the Regulations on the Management of Trucking Subsidies (hereinafter referred to as the “Management Regulations”), the payment of fuel subsidies is suspended for six months (from May 1, 2014 to September 30, 2014), and the payment of fuel subsidies is suspended for six months (from May 1, 2014 to September 30, 2014).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The instant disposition was conducted without giving the Plaintiff an opportunity to present his opinion in accordance with the Administrative Procedures Act, and is unlawful due to the lack of procedural requirements. (2) The instant management regulations purchase oil to be moved and sold at a place other than a gas station.