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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 is operating a petroleum retail business with the trade name “C” in Seo-gu, Busan (hereinafter “instant business establishment”).
B. At around 13:40 on July 18, 2014, the Yong-Nam headquarters confirmed that the samples collected from the Plaintiff’s mobile petroleum selling vehicle (hereinafter “instant selling vehicle”) storage tank in front of the small and medium-gu Busan (hereinafter “instant selling vehicle”) had been mixed with approximately 25% of other petroleum products (e.g., oil, etc.) on the vehicle transit, and notified the Defendant of the foregoing fact on August 5, 2014.
C. On September 2, 2014, the Defendant issued a disposition of business suspension three months (from September 12, 2014 to December 11, 2014) on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 12294, Jan. 21, 2014; hereinafter “petroleum Business Act”), and filed a complaint against the Plaintiff as a violation of the Petroleum Business Act.
On October 21, 2014, the Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission (hereinafter “instant disposition”). Accordingly, the Defendant again calculated the period of suspension of business against the Plaintiff, excluding the period during which the disposition of suspension of business was executed during the said adjudication process, and rendered a disposition of suspension of business three months (from December 11, 2014 to March 6, 2015) against the Plaintiff on November 19, 2014 (hereinafter “instant disposition”).
E. Meanwhile, the Plaintiff was sentenced to a fine of one million won from the Busan District Court due to the above violation, and the judgment became final and conclusive on January 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Eul evidence Nos. 3, 7, 8, 12, and 13, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is merely dealing with light oil and does not deal with light oil. To clean the fuel tank of the selling vehicle of this case.