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  • [건설] Petroleum and Alternative Fuel Business Act
    • Competent Ministry : Ministry of Trade, Industry and Energy
    • Advance Publication of Legislation : 2018-04-19
    • Opinion Submission Deadline : 2018-05-03
Reasons for Proposal

The current Act prescribes that where a person who intends to file for registration of or make a report on his/her petroleum refinery business, petroleum export-import business, petroleum retail business has his/her registration revoked or the place of business shut down in violation of the Petroleum and Alternative Fuel Business Act, such as manufacturing, importing, storing, transporting, keeping or selling fake petroleum products, the person shall be prohibited from filing for registration or making a report on his/her petroleum business using all of the facilities or storage facilities that were used for his/her business before two years have elapsed from the date the relevant grounds were afforded, thus excluding serious violators of the Act from participating in the market for a specified period.
However, in cases where a person receives a disposition of business suspension for a certain period rather than revocation of his/her registration or closure of the place of business for violating the Petroleum and Alternative Fuel Business Act, there are no such provisions as the aforesaid restrictions on registration, etc., the person may resume his/her business by changing his/her name as a business operator and registering a new petroleum business, thus undermining the effectiveness of administrative penalties and disturbing the market. 

Therefore, the Amendment aims to expand the grounds for restriction on the registration of petroleum business to the case of disposition of business suspension for violating the Act to ensure the effectiveness of law enforcement and to restrict the market participation of serious violators, thereby building sound market practices and protecting public safety and the environment.

Details

The Amendment applies the grounds for restriction on the registration of petroleum business even to the disposition of business suspension due to a violation of the law (Article 11-2, paragraph 2 newly inserted).


Major Provisions

Newly insert the grounds for restriction on the registration of petroleum business, etc. (Article 11-2, paragraph 2)

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