2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a petroleum retailer under the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) that operates the “C gas station” located in Daegu Northern-gu B.

B. On February 2, 2016, the Defendant was notified by the Commissioner of the ordinary Police Agency of the violation of the Petroleum Business Act that “the Plaintiff, from October 5, 2015 to October 29 of the same year, sold a substitute gasoline mixed with gasoline” (hereinafter “instant violation”) to the general public, who: (a) sold a substitute gasoline mixed with gasoline from October 5, 2015 to October 29 of the same year.

C. Accordingly, on April 19, 2016, the Defendant was found to have been aware of the Plaintiff’s act of storing and selling fake petroleum products in the Gyeongbuk Provincial Police Agency and the Institute. On the grounds that such act violates Article 29(1)1 of the Petroleum Business Act, based on Article 13(1)12 of the Petroleum Business Act and Article 16(1) [Attachment Table 1] of the Enforcement Rule of the same Act, the Defendant issued the instant disposition for the suspension of business for three months.

【Ground of recognition】 The fact that there is no dispute, Gap 1, Eul 1, Eul 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the case of the Plaintiff’s assertion (1) illegality of the inspection procedure, the Institute does not seem to have undergone the inspection procedure stipulated in the Petroleum Business Act, the Enforcement Decree, the Enforcement Rule, and in particular, the “Public Notice on Quality Standards, Methods of Inspection, and Inspection of Petroleum Products”. Thus, the instant disposition based on the result of the violation of statutes is unlawful.

(2) The facts leading to the instant disposition of the instant case’s illegality of determining fake petroleum are merely recorded “89” in the standards of not less than 91 to less than 94 in only one of the items of “15 paper (detailed 20 paper)” in the attached Table of Article 2(1) of the said Notice, as a result of the rain testing conducted by the Institute on October 22, 2015, from among the items of “15 paper (detailed 20 paper)” under Article 2(1) of the said Notice. In addition, in the normal range, a pent has reduced from “91-89-2”.