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(영문) 대전지방법원 2016.07.20 2015구합1801
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 a person who operates a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Daejeon-gu Daejeon (hereinafter “C gas station”).

B. On May 29, 2015, it was confirmed that each light oil content is about 5% after collecting samples from gasoline tanks of the instant gas station and conducting a quality inspection on the water quality inspection conducted by the employees of the Chungcheong Headquarters, and that the employees of the Daejeon Chungcheongnam Headquarters were about 15% of the light oil content, and that the employees of the Daejeon Chungcheongnam Headquarters collected samples from gasoline tanks of the instant gas station on June 8, 2015 and June 10, 2015, and conducted the quality inspection by collecting samples from gasoline tanks of each of the instant gas station.

(hereinafter referred to as the above, gasoline mixed with light oil (hereinafter referred to as “instant mixed oil”). C.

Accordingly, on July 29, 2015, the Defendant imposed a penalty surcharge of KRW 50,000,000 on the Plaintiff on the ground that “the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”) by storing, keeping, and selling fake petroleum products mixed with gasoline for automobile use.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to Article 2 subparag. 10 of the Petroleum Business Act, “franchising petroleum products” means the manufacture of petroleum products by mixing them with other petroleum products. The instant mixed oil merely is a mixture of gasoline tanks by injecting them into gasoline tanks due to the mistake of D, which is a oil supplier, and thus cannot be deemed as being manufactured. Therefore, the instant mixed oil does not constitute fake petroleum products. Thus, the instant disposition of applying the Petroleum Business Act on the premise that the instant mixed oil constitutes fake petroleum products is illegal. (2) The Plaintiff designated a tank that the Plaintiff is a oil supplier, as one day.

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