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(영문) 대전지방법원 2016.06.23 2016구합100279
사업정지처분취소
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. The Plaintiff operated a gas station with the trade name “C gas station” in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

(hereinafter “instant gas station”). B.

On March 20, 2015, the Jeoncheon-gun National Forestry Cooperatives, in front of the Seocheon-gun, Seocheon-gu, Seocheon-gu, Seocheon-do, in the construction site of the Korea Petroleum Quality & Distribution Authority (hereinafter “the quality inspection in this case”) observed that D has mainly oiled 179 liters via the tank clor (E) of the oil station in this case, and conducted the quality inspection by collecting samples from the front shooting room of the said tank (250 liter) (hereinafter “the quality inspection in this case”). As a result of the quality inspection in this case, “the fact that the Plaintiff’s light oil, etc. is mixed with 20% for the automobiles sold by the Plaintiff” (hereinafter “instant violation”).

C. On March 26, 2015, the former North Korea Headquarters notified the Defendant of the fact that “the result of the instant quality inspection, the fuel for automobiles, etc. was mixed with approximately 20% and determined as fake petroleum products.”

Accordingly, on April 17, 2015, the Defendant notified the Plaintiff of the disposition of suspension of business 1.5 months based on Article 13 of the Petroleum Business Act, Article 16 of the Enforcement Rule of the Petroleum Business Act, on the ground that the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 1 through 3, 8, and 15, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The non-existence of the Plaintiff’s ground for disposition 1 itself recognizes the instant violation.

However, in light of the following circumstances, given that there is a justifiable ground that cannot be caused by the Plaintiff’s neglect of duty, the instant disposition is unlawful because there is no ground for disposition.

G, who works as the warden of the instant gas station on March 14, 2015, leaves the Republic of Korea to visit the Thailand on March 14, 2015, the Plaintiff is operated by the Plaintiff’s husband H.

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