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(영문) 대구지방법원 2016.09.02 2016구합20595
업무정지처분취소
Text

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. From July 15, 2014, the Plaintiff is a person who operates a gas station C in North-Gu, Northern-si, Mapo-si.

B. On November 24, 2015, around 16:30, the Daegu Central Headquarters collected and inspected samples for quality inspection of light oil at C & K stations. The sample number 36 determined as “products mixed with other petroleum products (such as oil, etc.) about about 10%” and this constitutes “fluorable petroleum products” as defined in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. On December 4, 2015, the Defendant is notified by the Institute of Quality Inspection of petroleum products, and the same month.

8. The Plaintiff notified the Plaintiff of the relevant disposition (three months of business suspension or penalty surcharge of KRW 100 million) in advance. D.

On December 30, 2015, the Plaintiff submitted an opinion that he/she would raise an objection to the result of the quality inspection of petroleum products, and accordingly, the Defendant requested the Institute to conduct a sample test again. On February 1, 2016, the Plaintiff responded that the Institute is identical to the result of the initial test.

E. On February 12, 2016, the Defendant issued a disposition suspending business pursuant to Article 13(3) of the Petroleum Business Act and Article 16 [Attachment Table 1] of the Enforcement Rule of the same Act (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff kept and sold fake petroleum products pursuant to Article 2(10)10 of the Petroleum Business Act and violated Article 29(1)1 of the same Act.”

F. The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on April 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 8, Eul evidence Nos. 1 through 7, 14 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 on purpose.

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