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(영문) 수원지방법원 2015.11.18 2015구합66739
등록취소처분취소
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 September 24, 2014, the Plaintiff operated a gas station after completing the registration of the petroleum retail business with the trade name “C” in the Sistitu City B.

B. On March 13, 2015, the Plaintiff was found to have sold petroleum products falling short of the net quantity beyond the statutory permissible error by revising the program installed in the main keyboard in the crackdown jointly conducted by relevant agencies, such as the Seoul Regional Police Agency, and the Defendant issued a disposition revoking petroleum sales business (hereinafter “instant disposition”) on the ground that on April 23, 2015, the Defendant issued the disposition revoking petroleum sales business (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3 evidence, Eul 1, 4, 6, 7 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant did not state specific grounds on the notice of the instant disposition that the Plaintiff’s violation constitutes grounds for revocation of registration. As such, the instant disposition was unlawful in violation of Article 23 of the Administrative Procedures Act. (2) Article 13(3) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) provides that the offender may be subject to revocation of registration, closure of a place of business, or suspension of business for not more than six months, which is the grounds for the instant disposition. As such, the administrative agency has a duty to exercise discretion by taking into account all the circumstances, such as the form of the act, duration of the act, etc. in determining revocation of registration. However, the former Enforcement Rule of the Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 147, Jul. 29, 2015; hereinafter the same shall apply) [Attachment 1] of the former Enforcement Rule of the Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy) that applies to the instant case.

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