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(영문) 서울고등법원 2014.12.09 2014누56156
사업정지처분무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, in addition to “an addition or dismissal” under Paragraph (2) and Paragraph (3) of Article 8 of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance.

2. A part concerning addition or height;

(a) the addition 1) “petroleum retail business” in the second 4-5 line of the judgment of the court of first instance shall be added to the following: 2) the third 13th 13th of the judgment of the court of first instance shall be added:

The terms used in this Decree shall be defined as follows: 4. The term "general retail shop" means petroleum or light oil (in cases where the National Agricultural Cooperative Federation or a local agricultural cooperative operates a general retail shop and where the National Agricultural Cooperative Federation or a local agricultural cooperative operates a general retail shop in a Myeon area where no gas station is installed, gasoline shall be included in the cases of petroleum refiners, petroleum exporters or importers, general agencies or other general retail shops:

(i) A retailer supplied with this and directly sells it at a store to other general retail stores or end-consumers. In such cases, this shall include cases where the retailer sells it by mobile sales or delivery sales prescribed by Ordinance of the Ministry of Trade, Industry and Energy while selling it directly at a store to other general retail stores or end-consumers.

B. Part 1) The "petroleum Business Act" of 3rd of the judgment of the court of first instance shall be deemed to be the "Enforcement Decree of the same Act". 2) The fourth 12-16 of the judgment of the court of first instance shall be as follows.

Next, the Plaintiff’s assertion that the term “supply” under Article 43(1)1 of the Enforcement Decree of the Petroleum Business Act refers to “supply in violation of the business scope or business method by each petroleum retail business under each subparagraph of Article 2 of the Enforcement Decree of the same Act.” This is based on Article 2 of the Enforcement Decree of the same Act and Article 2(1) of the Enforcement Rule of the same Act.

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