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(영문) 창원지방법원 2018.01.16 2017구합51059
사업정지처분취소
Text

1. The disposition taken by the Defendant against the Plaintiff on April 11, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From March 5, 1997, the Plaintiff is operating the gas station C in Busan-gun B (hereinafter “instant gas station”).

B. On November 23, 2016, employees of the Young-nam Headquarters collected samples from the tank and conducted quality inspections after the tank, which stores the light oil in front of the tank, among the storage tanks of the main and mobile selling vehicles (D; hereinafter “instant vehicles”) used at the instant gas station.

C. On December 6, 2016, the head of the Yong-Namnam Headquarters notified the Defendant of the result of the quality inspection that the samples taken from the instant vehicle constituted fake petroleum products provided for in Article 2 subparag. 10 of the former Petroleum and Petroleum Substitute Fuel Business Act (wholly amended by Act No. 14774, Apr. 18, 2017; hereinafter “petroleum Business Act”).

On February 7, 2017, the Defendant rendered a disposition of business suspension for 1.5 months ( February 20, 2017 - April 3, 2017) to the Plaintiff on the following grounds:

As a result of the quality inspection of petroleum products in violation of Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act, “fake petroleum products” under Article 2 (10) 10 of the Petroleum and Petroleum Substitute Fuel Business Act is a product which combines about 4% of other petroleum products (lust oil, etc.) into light oil for automobiles.

E. The Plaintiff appealed and filed an administrative appeal seeking the revocation of the instant disposition with the Gyeongnam-do Administrative Appeals Commission, but was dismissed on March 29, 2017.

F. On April 11, 2017, the Defendant changed the period of the previous disposition to the Plaintiff and suspended the business for 1.5 months ( April 24, 2017 - June 7, 2017).

(hereinafter referred to as the "disposition of this case"). [The grounds for recognition] Gap 1 through 8, 10 through 14 (including each number), the purport of the whole pleadings.

2. The relationship.

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