1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person who operates the gas station in Seo-gu Incheon (hereinafter “Criju station”) in Seo-gu.

B. On February 24, 2015, the Institute collected samples from the gas station in the instant case and conducted the quality inspection. As a result of the sample inspection, it was found that the other petroleum products were mixed with about 15% in six samples.

(hereinafter referred to as the above, light oil stored in the tank in which samples determined as fake petroleum products have been collected (hereinafter referred to as “instant transit”).

On April 20, 2015, the Institute notified the Defendant of the result of the quality inspection of petroleum products, and accordingly, the Defendant made a disposition against the Plaintiff for six months of business suspension (hereinafter “instant disposition”) in accordance with Article 13 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 16 of the Enforcement Rule of the same Act.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) It was true that the Plaintiff purchased the instant gas station and partly sold it to the gas station, but the Plaintiff purchased it from a distributor without knowing that some other petroleum products are mixed with fake transit, and stored and sold it. The prosecutor’s investigation conducted a non-guilty disposition against the Plaintiff. Therefore, the instant disposition was unlawful since it was conducted without any grounds for disposition. As such, the Plaintiff’s deviation from and abuse of discretionary power was illegal. (ii) The Plaintiff was within four months of the commencement of the instant gas station and was subject to the instant disposition, and it became difficult to live if he was subject to the instant disposition. (iii) In light of the fact that the Plaintiff purchased the instant gas station from the dealer and became subject to the instant disposition, the instant disposition was unlawful by abusing and abusing discretionary power.

(b) The entry of the relevant Acts and subordinate statutes are as follows;