(a) Whether the authority of the chief of the power resource department on the report on succession to petroleum selling business can be re-entrusted to the head of the Gu through the Seoul Special Metropolitan City Mayor and Metropolitan

(b) The case holding that the measures taken by the head of the Gu who rejected the succession report is lawful on the ground that no documentary evidence submitted by the successor to the petroleum sales business on securing the site of gas station;

(a)The power resource director's authority on the report of succession to petroleum selling business pursuant to the Petroleum Business Act may be delegated to the Mayor of the Metropolitan City and the Mayor of the Metropolitan City and the Mayor of the Metropolitan City who has received the delegation may re-entrust part of the delegated affairs to the head of the Gu with the approval of the chief of the power resource

B. Since the permission-granting authority may additionally determine the ownership of the gas station site as the criteria for permission and succession of the petroleum selling business, if the head of the Gu re-entrusted the authority of the head of the Busan Metropolitan City and Metropolitan City to report on succession of the petroleum selling business, and if the head of the Gu requires a person who intends to operate the petroleum selling business to own the gas station site and submit evidential documents in accordance with the ownership of the land, he/she shall accept the notification of permission for the petroleum selling business of the Busan Metropolitan City and Metropolitan City and deal with the business based on the criteria, the person who succeeds to the petroleum selling business shall meet the same requirements as the person who succeeds to

(a) Article 23 of the Petroleum Business Act, Article 25 of the Enforcement Decree of the Petroleum Business Act, Article 5 of the Government Organization Act, Article 4 of the Regulations on Delegation and Entrustment of Administrative Authority (Presidential Decree No. 10955, Dec. 11, 1982), Article 4(b) of the Petroleum Business Act, Article 9 of the Enforcement Decree of the Petroleum Business Act, Article 8-1

Heapwon (Attorney Seo-won et al., Counsel for the plaintiff-appellant)

Head of Gu of the Busan Metropolitan City;

Busan High Court Decision 88Gu1554 delivered on May 19, 1989

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

1. Ground of appeal No. 1

Article 23(1) of the Petroleum Business Act, Article 25 of the Enforcement Decree of the same Act, the latter part of Article 5(1) of the Government Organization Act, and Article 4 of the Regulations on Delegation and Entrustment of Administrative Authority (Presidential Decree No. 10955, Dec. 11, 1982) of the Regulations on Delegation and Entrustment of Administrative Authority, may delegate the authority of the Director of Power Resource for Report of Petroleum Business under the Petroleum Business Act to the Mayor of Seoul Special Metropolitan City and Metropolitan Cities, and if deemed necessary, the Mayor for the position to which the delegated authority has been delegated may re-entrust part of the delegated authority to the head of the Gu with the approval of the Director of Power Resource, who is the head of the delegated agency, so the court below is just in holding that the authority for the report of report of succession to petroleum retail business of this case was legally delegated to the head of the defendant. The defendant's disposition

2. The second ground for appeal

According to the reasoning of the judgment below, the court below held that the head of Busan Metropolitan City, based on its macroficial evidence, re-elections to the defendant pursuant to Article 2 of the Rules on Delegation of the Affairs of Busan Metropolitan City with the approval of the Minister of Power Resource, and the Minister of Power Ledger decided the permission standards, etc. pursuant to re-elections and required to report it by himself without any separate approval. The defendant, accordingly, accepted the notification on permission for petroleum selling business of Busan Metropolitan City, and dealt with the business of permission by using it as the standard for granting permission. The annexed Table 1 of Article 4 of the above notification provided that a person who intends to operate a petroleum selling business shall own a gas station site, and therefore, the person who succeeds to the petroleum selling business should meet the same requirement as a person who succeeds to the above business of this case, and therefore, it cannot be viewed that the plaintiff's disposal registration of ownership was completed in the future of the non-party 1 corporation, and the plaintiff's disposal registration of the above real estate site can not be seen as being satisfied with the above standard for permission standards.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)