Delegation of authority to revoke permission for petroleum retail business (gas stations) and internal delegation;

According to Articles 13(3) and 23(1) of the Petroleum Business Act, Article 25(1)2 of the Enforcement Decree of the Act, and Articles 2 and 7 of the same Act, the authority to revoke permission for the petroleum selling business is delegated by the Minister of Energy, the Mayor of the Seoul Special Metropolitan City, the Mayor of the Metropolitan City, or the Do Governor with authority from the Minister of Power and Resources, so the right to revoke permission for the petroleum selling business of the Plaintiff-management gas station is the competent Cheongnam-do Governor. The Defendant, who is only the head of Gun in Chungcheongnam-do and is internal delegated by the Cheongnam-do Governor with the authority to revoke permission for the petroleum selling business, has no authority to revoke permission for the Defendant, but is merely the internal delegated by the Cheongnam-do Governor, the authority to revoke permission for the petroleum selling business in the name of

Article 4 of the Administrative Litigation Act, Articles 13 and 23 of the Petroleum Business Act, Article 25 of the Enforcement Decree of the Petroleum Business Act, Articles 2 and 7 of the Regulations on Internal Delegation of Affairs of Chungcheongnam-do.

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Ministry of Gender Equality;

Macuk-gun

On November 9, 1985, the defendant confirmed that the revocation of the permission for petroleum retail business (gas station) made against the plaintiff is invalid.

Litigation costs shall be borne by the defendant.

The same shall apply to the order.

1. In full view of the whole purport of the pleadings as to Gap evidence Nos. 1, 3 (Permission), 1-1 through 6 (Contents notification, application, confirmation, record, sexual record), 3 (Administrative Measures), and 4 (Notification of Handling Business) without dispute over the establishment of the plaintiff, the plaintiff purchased a mixture of non-party Kim Mann, Ban, 600 (Administrative Measures) from the non-party 1 to September 25, 1985 with permission for petroleum selling business under Article 12 (1) of the Petroleum Business Act from the Do governor of Chungcheongnam-Namnam-gun, Chungcheongnam-gun, Do governor of Sep. 9, 1983, while operating the same gas station 307 4-4 of the 197-4 of the 197-4 of the 198-1, 198-1, 3, 198-1, 1, 600-1, 1,5, 1,000-1,5,00-1,00

2. The plaintiff's representative did not sell the above similar gasoline, and the defendant claimed that the disposition of revocation of permission was void because he did not have the authority to revoke permission. Thus, the defendant is entitled to first seek confirmation of revocation of permission for the petroleum selling business of this case under the name of the Do governor. According to Article 13 (3) of the Petroleum Business Act, the right to revoke permission belongs to the Minister of Power and Resources, and part of the authority of the Minister of Power and Resources under this Act can be delegated to the Mayor of Seoul Special Metropolitan City, Metropolitan City Mayor, or City Mayor under the conditions as prescribed by the Presidential Decree. According to Article 25 (1) 2 of the Enforcement Decree, the defendant's authority to revoke permission for the petroleum selling business of this case under the name of the Do governor, the head of Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor, and the authority to revoke permission for the petroleum selling business of this case under the name of the Do governor to whom the authority of the Do governor is delegated to the Do governor within the Do governor.

3. If so, the disposition of this case without the authority of the defendant is unlawful and void as a matter of law, and the plaintiff's claim of this case seeking the confirmation of invalidity is justified, and the costs of lawsuit are assessed against the losing defendant, and it is so decided as per Disposition.

Judges Lee Jae-won (Presiding Judge)