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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. From September 2009, the Plaintiff has been running the petroleum selling business with the trade name called “C gas station” (hereinafter “instant gas station”) in Seoyang-gun B (hereinafter “instant gas station”).
B. On January 29, 2014, the Korea Petroleum Quality & Distribution Authority controlled the gas station in the instant case, and collected seven samples from the D mobile oil-sale vehicle (hereinafter “the instant home-type vehicle”), which is owned by the Plaintiff, and as a result of the quality inspection of samples 7, notified that the Plaintiff was determined as fake petroleum products as defined in Article 2 subparag. 10 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 12294, Jan. 21, 2014; hereinafter, “former Petroleum Business Act”).
C. On April 7, 2014, the Defendant was the Plaintiff, and the Plaintiff was the Plaintiff.
Article 13(3)8 of the former Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 79, Aug. 12, 2014; hereinafter referred to as the “former Enforcement Rule of the Petroleum Business Act”) as a sale, etc. (hereinafter referred to as “instant violation”) of fake petroleum products as stated in paragraph (1) violates the prohibition of manufacturing, etc. fake petroleum products pursuant to Article 29(1) of the former Petroleum Business Act; and Article 16 [Attachment Table 1] of the former Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 79, Aug. 12, 2014).
On July 22, 2014, the Plaintiff filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission. On July 22, 2014, the said commission rendered an adjudication that the previous disposition of business suspension of 1.5 months is mitigated to 15 days of business suspension. Accordingly, the Defendant filed an appeal with the Plaintiff on August 7, 2014.
Pursuant to the relevant laws and regulations, the 15-day disposition of business suspension (from August 21, 2014 to September 4, 2014) (hereinafter referred to as the "instant disposition") was made in accordance with the following applicable laws and regulations.
[Ground of Recognition] Facts without dispute, Gap 1, 2, 3, 4, 5, and Eul 1.