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(영문) 춘천지방법원 2018.09.04 2018구합27
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 has been engaged in the petroleum sales business using the trade name, i.e., the “C gas station” (hereinafter “instant gas station”) in Hongcheon-gun, Hongcheon-gun B, and one mobile vehicle (D; hereinafter “instant sales vehicle”).

B. On July 12, 2017, the Institute collected and inspected automobile transit samples from the partitions after the instant selling vehicle.

On July 20, 2017, the Director General of the Gangwon-do Institute notified the Defendant of the result of quality inspection that other petroleum products (such as light oil, etc.) are mixed with about 10% of the above samples, and constitutes “fake petroleum products” as defined in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. A re-inspection was conducted in the presence of the Plaintiff following the Plaintiff’s raising of an objection to the results of the above quality inspection.

On August 11, 2017, the Director of the Gangwon-do Institute notified the Defendant that “Other petroleum products (e.g., oil, etc.) are mixed with approximately 10% of the results of the initial test as a result of a multiple test, and constitutes fake petroleum products under the Petroleum Business Act.”

On August 29, 2017, the Defendant notified the Plaintiff of the fact that “the Plaintiff was mixed with approximately 10% of other petroleum products (such as light oil, etc.) on an automobile transit,” and the former Petroleum Business Act (amended by Act No. 14474, Apr. 18, 2017; hereinafter “former Petroleum Business Act”) under Articles 29(1)1 and 13(3)8 of the former Petroleum Business Act (amended by Act No. 14474, Apr. 18, 2017; hereinafter “former Petroleum Business Act”) provides for an order to suspend the registration of a petroleum retailer and the suspension of its business, as seen in the attached Form, Article 13(3) of the former Petroleum Business Act, and the delegation of the disposition standards by violation, but on April 18, 2017, Article 13(3) of the former Petroleum Business Act provides for an order to suspend the business site of an international petroleum trader.

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