2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

2. Whether the instant disposition is lawful

A. The grounds for the entry of the parties’ assertion, relevant statutes, and facts of recognition are as stated in each corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

B. Determination 1) Article 29(1)1 of the Petroleum Business Act provides that “The act of manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products shall not be conducted.” Article 2 subparag. 10 of the same Act provides that “franchising petroleum products” is manufactured by mixing other petroleum products, and is manufactured for the purpose of using or allowing them to use them as fuel for automobiles, etc.” In an administrative litigation, the burden of proving the legality of the pertinent disposition is, in principle, against a disposition authority that claims the lawfulness of the disposition. As such, in an administrative litigation seeking the revocation of a disposition of imposition of a penalty surcharge against a petroleum retailer on the ground of a violation of Article 29(1)1 of the Petroleum Business Act, a disposition authority must prove that a petroleum retailer manufactured a product by mixing other petroleum products with a petroleum product for the purpose of using a fuel for automobiles, etc., and the disposition is justifiable if it proves that the disposition is to the extent reasonably acceptable with respect to the relevant disposition asserted by the disposition authority, and any assertion and proof of exceptional circumstances shall return to the other party.