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(영문) 창원지방법원 2015.12.01 2015구합21238
과징금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are running a petroleum retail business (or a gas station) with the trade name called “D gas station” (hereinafter “instant gas station”) in Tong Young-si.

B. On September 12, 2014, around 09:10 on September 12, 2014, the Yong-Nam headquarters collected samples (hereinafter “the collection of samples”) from E-Tanked Vehicles, a portable oil-sale vehicle, which was parked in the instant gas station (hereinafter “instant sold vehicles”). As a result, the samples collected from the first column and second column were determined as normal petroleum products, but about 10% of the other petroleum products, etc. were combined with the diesel for the vehicle collected from the third column.

(hereinafter referred to as “the mixture of this case”) discovered in the third partitions.

around September 24, 2014, the defendant is the defendant from the head of Young-nam Headquarters of the Institute.

On April 30, 2015, after being notified of the result of quality inspection as stated in the port, following the prior notice of disposal and the submission of opinions, the Plaintiffs imposed penalty surcharge of KRW 100,00,00 on the grounds that “the Plaintiff violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “the instant violation”) by selling fake petroleum products (such as oil, etc.) mixed with approximately 10% of other petroleum products (hereinafter “the instant violation”).” (Article 13(3)8, Article 13(1)12, and Article 14(1)3 of the Petroleum Business Act; Article 17(1) [Attachment Table 2] of the Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry or video of Gap's 1, 4, and Eul's 1, 8, and 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion of this case is unlawful for the following reasons.

1. The sales vehicle of this case.

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