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(영문) 전주지방법원 2017.08.31 2016구합1308
석유 및 석유대체연료 사업법위반 행정처분 공표취소
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. The Plaintiff is a petroleum retailer operating a petroleum sales agency.

B. On November 24, 2015, the former North Korea Institute notified the Defendant of the results of the quality inspection that samples collected from the Plaintiff’s light oil storage tank 2 (hereinafter “instant tank”) on November 10, 2015 are mixed with approximately 15% of other petroleum products (such as light oil, etc.) on the light oil for automobiles, and thus, constitutes “fake petroleum products” under Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. On November 26, 2015, the Defendant issued a prior notice to the Plaintiff to submit its opinion to the Plaintiff to the effect that the Plaintiff violated Article 29(1)1 of the Petroleum Business Act by violating the prohibition of manufacturing fake petroleum products. As such, the Plaintiff’s prior notice of disposition was given to the Plaintiff to submit its opinion to the Plaintiff for three months of business suspension or KRW 150 million.

On December 17, 2015, the Defendant imposed penalty surcharge of KRW 75 million on the Plaintiff pursuant to Articles 13(3) and 14(1) of the Petroleum Business Act on the ground that the Plaintiff violated Article 29 of the Petroleum Business Act.

(hereinafter referred to as “instant penalty surcharge imposition”) E.

On December 22, 2015, the Defendant informed the Plaintiff that the instant penalty surcharge was imposed pursuant to Article 39-2 of the Petroleum Business Act and Article 46-2 of the Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) was published as follows.

(hereinafter “instant publication disposition” and “each of the instant dispositions,” in addition to the instant disposition of imposition of penalty surcharges, are “each of the instant dispositions”).

Period of publication: December 22, 2015 to March 21, 2016

Method of publication: Publication on the homepage of Jeollabuk-do, alnet, etc.

(c) Type 2 of business that can identify that an administrative disposition is publicly announced: the trade name, location, and name of the representative of the petroleum selling business (general agency) and the trade name of the offender and the name of the representative;

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