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(영문) 서울행정법원 2018.08.17 2018구합53740
사업정지처분 취소청구
Text

1. The Defendant’s disposition suspending business for six months against the Plaintiff on June 21, 2017 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that runs the petroleum retail business, etc., and operates the gas station in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant gas station”).

B. On October 27, 2016, the Institute collected samples and conducted the quality inspection of petroleum products on October 27, 2016, on the underground oil storage tank (T-1 through T-4 underground oil storage tank) in four places installed in the instant gas station (T-1 through T-4 underground oil storage tank) and three mobile-sale vehicle fuel tanks (C vehicles, D vehicles, and E vehicles). 2) On November 3, 2016, the director of the headquarters of the Seoul metropolitan area of the Institute notified the Defendant of the result of the quality inspection of petroleum products as stated in the following [Attachment 1].

[Attachment 1] On November 23, 2016, the head of the Seoul Northern District North Korea Headquarters notified the Plaintiff of the quality inspection result of the petroleum products listed in [Attachment 2] : (a) 3T-1 underground oil storage tank 2 T-2 underground oil storage tank 2T-2 underground oil storage tank (mix of approximately 45% via automobiles and approximately 55% of other petroleum products, such as oil, etc.); (b) 3T-3 underground oil storage tank 3T-4 underground oil storage tank 3) the Institute, as the result of the examination of the type of the place where the extraction of samples was conducted; (c) the Plaintiff notified the quality inspection result of the petroleum products listed in [Attachment 2] 2] : Other petroleum products (mix of oil, etc.) for automobiles 1C, quality 2D vehicles (mix of petroleum products, such as approximately 15% via automobiles and 85% of petroleum products, such as oil, etc.) 3 E vehicles (mix of other petroleum products, such as petroleum products, quality table 2).

C. On February 2, 2017, the Institute refused to collect samples from the fuel tank of the Plaintiff-owned mobile-sale vehicle that visited the above construction site in order to supply light oil at the construction site located in the Gwangjin-gu Seoul Special Metropolitan City Dong on February 2, 2017.

However, the employee F, however, refused the collection of samples when demanding the samples to be taken to him.

On March 7, 2017, collection of samples and the result of the quality inspection of petroleum products 1.

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