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(영문) 대구지방법원 2016.04.19 2015구합1894
액화석유가스충전사업변경불허가처분취소
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. On May 9, 1968, the Plaintiff filed an application for permission for change of liquefied petroleum gas filling business with the permission for a liquefied petroleum gas filling business with the permission from the Daegu Northern-gu B (hereinafter “instant application site”) on May 9, 1968 to add “tank filling business fixed to automobiles” on March 30, 2015.

(hereinafter “instant application”). (b)

On April 1, 2015, the Defendant notified the Plaintiff of the refusal of the instant application pursuant to Article 4(1) of the former Safety Control and Business Act of Liquefied Petroleum Gas (wholly amended by Act No. 13089, Jan. 28, 2015; hereinafter “former Liquefied Petroleum Gas Act”).

(hereinafter referred to as “instant disposition”). - The place of application shall be located adjacent to the charging station as a residential area, and the area where the apartment complex is scattered in the area where the apartment complex is located, and the place where the citizen playground used by the general public is located is located, and the type of business is frequent in addition to the type of business and the safety of the residents and the enormous loss of life and property when a safety accident occurs.

C. On July 27, 2015, the Daegu Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s appeal.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted not only satisfied all the standards for assessment of facilities, technology, inspection, precise safety diagnosis, and safety under the former Liquefied Petroleum Gas Act, but also the Plaintiff started to open a nearby Chigh School and move into a nearby apartment complex only after the Plaintiff started the charging station business, and the operation of a sloping-ri vehicle.

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