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(영문) 대전고등법원 2019.12.04 2019누10502
주유소사업정지처분 취소청구의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court's explanation on this part is the same as the part corresponding to the judgment of the court of first instance (as stated in the written ruling that fake petroleum products were mistakenly recorded in a similar petroleum product) in addition to the fact that the second five of the second five of the judgment of the court of first instance "the Daejeon Chungcheongnam-nam Headquarters" is "the Daejeon Sejong Sejong-nam Headquarters", the second and seventh of the second seven of the 7 of the 1999 " another petroleum product (such as oil, etc.)", and the second and 16 of the 1999 "pseudo petroleum product" is the same as the part corresponding to the judgment of the court of first instance (as stated in the written ruling in the second through third of the 3th 3th scam). Thus, it is cited as it is in accordance with

2. The gist of the Plaintiff’s assertion was that there was no mixture of light oil for automobiles sold at the instant gas station, and that there was no mixture of light oil for automobiles, and that there was no knowledge that there was a mixture of light oil.

In addition, considering the fact that the Plaintiff has a very low economic interest in mixing light oil with light oil for automobiles, that the Plaintiff was determined as appropriate in the quality inspection on October 19, 2016, that there is no possibility that there is a problem in the quality inspection itself of the Daejeon Sejong Chungcheongnam Headquarters, and that there is no possibility that the Plaintiff has kept and sold fake petroleum products, the instant disposition is unlawful as it is without any grounds for disposition or is abuse of discretionary power.

3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

4. Whether the instant disposition is lawful

A. 1) The imposition of sanctions against a violation of the relevant legal principles or administrative regulations is a sanction against the objective fact of violation of the administrative regulations in order to achieve administrative purposes. Thus, barring any special circumstance, such as where a failure to cause a violation of the duty is not caused due to a justifiable reason, barring any special circumstance, such as where a failure to cause a violation of the duty may be imposed (see, e.g., Supreme Court Decision 2002Du5177, Sept. 2, 2003). Moreover, a petroleum product under the possession and management of a petroleum retailer is subject to a petroleum product.

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