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(영문) 청주지방법원 2014.12.18 2014구합10771
과징금부과처분취소
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 run the petroleum selling business under the trade name called “C gas station” in Chungcheong City B (hereinafter “instant gas station”).

B. On February 17, 2014, the Chungcheong Headquarters confirmed the mixture of about 10% of other petroleum products (e.g., oil, etc.) on the vehicle transit as a result of the inspection of samples collected from D mobile oil selling vehicles owned by the Plaintiff (hereinafter “instant selling vehicles”), and notified the Defendant of the said fact on February 27, 2014.

C. On April 16, 2014, the Defendant imposed a penalty surcharge of KRW 50,00,000 on the Plaintiff pursuant to Articles 14(1)1 and 13(1)12 of the Petroleum and Petroleum Substitute Fuel Business Act on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) by manufacturing, storing, transporting, keeping, or selling fake petroleum products.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said claim was dismissed on May 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7 (including the number of each branch; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The non-existence of the Plaintiff’s ground of disposition 1 was directly purchased and sold from Hyundai Myil Bank’s oil oil, and there was no fact that he manufactured fake petroleum and stored it in the storage tank of the instant selling vehicle by mixing it with light oil, and there was no fact that he purchased or stored fake petroleum products. As a result, the shock valves regulating the front partitions of the instant selling vehicle and the rear partitions become worse due to long-term use of the front partitions or the shut-off valves, which combines the rear partitions.

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