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(영문) 부산지방법원 2020.10.15 2020구합368
과징금부과처분취소
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 running a petroleum selling business with the trade name called “C gas station” in Geum-gu Busan (hereinafter “instant gas station”).

B. On April 7, 2020, D, an employee of the instant gas station, supplied approximately 389.96 liters via dump truck (H) with a dump truck (G) on the road located in Geumcheon-gu, Busan (U.S.) on the road located in the U.S., and was discovered to the employees of the Korea Petroleum Quality & Distribution Authority. On April 17, 2020, D notified the Defendant of the instant violation on April 17, 2020.

C. On April 21, 2020, the Defendant issued a prior notice to the Plaintiff to submit its opinion by May 12, 2020, and submitted a written opinion from the Plaintiff around April 28, 2020 to the effect that “The contact with the Plaintiff that vehicles in fixed transactions stop on the road due to oil shortage, and that it constitutes an emergency measure that is inevitable to stop on the road.”

On May 6, 2020, the Defendant imposed a penalty of KRW 15,00,00 in lieu of one month of business suspension pursuant to Article 13, 14, and 39 of the Petroleum Business Act and Article 17 [Attachment 2] of the Enforcement Rule of the same Act on the ground that “the Plaintiff violated Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 43(1)1 of the Enforcement Decree of the same Act (the supply of petroleum products in violation of the scope or business methods of oil stations).”

(hereinafter “instant disposition”) e.

On May 26, 2020, the prosecutor of Busan District Prosecutors' Office on the ground that "D does not have the same criminal record, and there is a reason to consider it as a case of moving-sale upon the request of dump truck article "I have no gas station around it because it is difficult to operate away from the oil, and there is no gas station around it."

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