(a) Where the Do Governor re-endorses the authority to suspend the petroleum sales business to the head of a Si, the legitimate disposition authority;

(b) In cases where similar gasoline is collected from a gas station storage tank, whether the designation of the gas station operator is estimated (affirmative);

A. If the Do governor, who was the person entitled to the disposition of business suspension for a petroleum retailer, re-endorses it to the head of the Gun in accordance with the Rules on Delegation and Entrustment of Administrative Authority pursuant to the latter part of Article 5(1) of the Government Organization Act and Article 4 of the Regulations on Delegation and Entrustment of Administrative Authority, the head of the Gun is the person

(b) In cases where gasoline collected from a gas station storage tank is found to be similar gasoline as a result of test and analysis, the gas station operator shall be presumed to keep or sell it with the knowledge of such fact.

(a) Articles 13(3) and 23(1) of the Petroleum Business Act; Article 25(1)2 of the Enforcement Decree of the same Act; Article 5(1) of the Government Organization Act; Article 4 of the Regulations on Delegation and Entrustment of Administrative Authority;

[Judgment of the court below]

Yang-gun, Attorney Lee Ba-ho, Counsel for defendant-appellant

Seoul High Court Decision 89Gu154 delivered on June 1, 1989

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

As to the Grounds of Appeal:

1. According to Articles 13(3)6 and 23(1)2 of the Petroleum Business Act and Article 25(1)2 of the Enforcement Decree of the same Act, the right to suspend the business of petroleum retailers at issue in this case was originally subject to the authority of the Minister of Power and Resources, but it was delegated by the above provisions to the Mayor of Seoul Special Metropolitan City, Metropolitan City, or Do Governor. Meanwhile, according to the latter part of Article 5(1) of the Government Organization Act and Article 4 of the Regulations on Delegation and Entrustment of Administrative Authority, the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor, when it is deemed necessary for the improvement of efficiency of administration and the convenience of residents, may delegate part of the delegated duties to the head of the Gu, the head of the Si, Gun, or other affiliated agencies, as prescribed by the Rules with the approval of the delegated agency. According to the legal recognition of the court below, the authority of the Governor of the Gyeonggi-do re-consigns it to the head of Gyeonggi-do under the Rules on Delegation of Power and Resources.

The purpose of this issue is to regulate the initial delegation, not the re-delegation of the original authority, so Article 4 of the Regulations on the Delegation and Entrustment of Administrative Authority is null and void as it goes beyond the scope of its purpose, and even if not, the above Article 4 should be interpreted as not being applicable in the case where the Do governor, etc. re-endorses the authority directly delegated by each individual law as in this case. However, the above arguments cannot be accepted as there are no grounds or legal grounds.

2. As a result of the test and analysis of gasoline collected from the oil storage tank of the plaintiff management of the court below, it is reasonable to presume that the plaintiff, the management owner of the above oil station, was in custody or sale with the knowledge of such fact, and to determine that the evidence submitted by the plaintiff alone is insufficient to reverse the above presumption, and there is no violation of law of misunderstanding of facts due to violation of the rules of evidence, such as the theory of lawsuit.

3. The appeal is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-ju (Presiding Justice)