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(영문) 서울행정법원 2016.04.14 2015구합13338
석유판매업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a petroleum retailer running “C” in Seodaemun-gu Seoul Metropolitan Government.

B. On January 5, 2015, the Plaintiff sold via a tank (F) at the site of the E hotel reconstruction project located in Mapo-gu Seoul Mapo-gu, Seoul, via a company (hereinafter referred to as “saton”).

At that time, the Institute has taken samples of diesel vehicles in the tank glass vehicle and conducted the quality inspection.

C. On January 16, 2015, the president of the Seoul Metropolitan Area North Korea Headquarters notified the Defendant of the result of quality inspection that “The Plaintiff is mixed with approximately 10% of light oil, etc. sold by the Plaintiff, thereby constituting fake petroleum products.”

On August 10, 2015, the Defendant issued a disposition to suspend petroleum retail business pursuant to Article 13(3) Subparagraph 8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 16 [Attachment Table 1] of the Enforcement Rule of the same Act on the ground that “the Plaintiff sold fake petroleum products” to the Plaintiff.

E. The Plaintiff appealed and filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on August 17, 2015, and the Seoul Special Metropolitan City Administrative Appeals Commission mitigated the period of business suspension on November 23, 2015 as “one month and fifteen days”.

Accordingly, on December 15, 2015, the Defendant issued a disposition to the Plaintiff “15th day of a month (from December 29, 2015 to February 12, 2016)” against the Plaintiff.

hereinafter referred to as "disposition of this case"

(ii) [In the absence of dispute over the basis of recognition, entry in Gap 1, 2, Eul 1, 2, Eul 1, 2, 6, 7 and the purport of the whole pleadings;

2. The Plaintiff’s summary of the claim is a mixture of rubber scrokeing in the part of the tank boundary of the tank croke vehicle, which flows into the tank 2 tanks and flown into the tank 2 tanks, with light oil and light oil, and it does not intentionally sell fake petroleum products.

In this regard, the prosecutor was subject to a disposition of suspicion.

The plaintiff has no intention or record of the same kind.

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