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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. The Plaintiff has operated a gas station under the trade name, “C gas station” (hereinafter “instant gas station”) in the wife population B in Permitted-si.
B. On April 24, 2013, the head of the Seoul Metropolitan Area Headquarters notified the Defendant of the fact that ① the quality of oil stored in four gas stations in the instant case falls short of the standards and ② the mixture of other petroleum products for automobiles stored in seven storage tanks.
C. Accordingly, on April 30, 2013, the Defendant rendered a disposition of suspending the business of four months and fifteen days in accordance with Article 13(3)8, (1)1, and (12) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) with respect to the Plaintiff’s two offenses discovered as above.
[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion 1) In light of the following: (a) the non-existence of the reason for disposition was supplied with light oil and light oil from the D Company at a normal price; and (b) the Plaintiff did not intentionally sell fake petroleum products; and (c) the Plaintiff’s act of selling fake petroleum products does not constitute a violation of the Petroleum Business Act insofar as it was not intentionally sold fake petroleum products; (b) the Plaintiff’s act of selling fake petroleum products was caused by minor mistake that did not exercise due care while trading with D Company; (c) the Plaintiff intentionally violated the Petroleum Business Act; (d) if the Plaintiff is unable to conduct a business due to the instant disposition, the Plaintiff suffers a serious economic burden; and (e) an excessive disposition that does not meet the criteria
(b) The details of the relevant statutes are as shown in the attached statutes.
C. As to the non-existence of the grounds for disposition 1, administrative laws and regulations should be examined, and sanctions against the violation of administrative laws and regulations should be imposed in order to achieve administrative purposes.