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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, along with D gas stations in E (hereinafter “instant gas stations”), operates F gas stations in E and other G gas stations. The representative director of the Plaintiff operates J gas stations in E-si, E (hereinafter “the aforementioned F gas stations, G gas stations, and J gas stations, respectively.
B. On October 10, 2018, the president of the Seoul Metropolitan Area, the Institute conducted an oil distribution inspection on the instant gas station on October 10, 2018: (a) “The Plaintiff used a vehicle (transport equipment) exceeding 5 on load capacity; (b) for the said G gas station during the period of 35 weeks (from August 27, 2018 to September 2, 2018, to 32 on automobile gasoline and 32 on automobiles; (c) for the said F gas station, 8 on automobile gasoline and 16 on automobile diesel and 16 on automobile transit to the said F gas station; and (d) for the said period of 36 weeks (from September 3, 2018 to September 9, 2018 to supply 10 on automobile 4 and 8 on gasoline and 20 on automobile volume; and (d) for the supply of gasoline and 16 on automobile to the Defendant, the Defendant violated the instant method of supply of gasoline and 218 on gasoline.
C. On January 31, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 7.5 million on the Plaintiff on the ground that the instant supply act constitutes a violation of Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”). D.
The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on May 13, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3-1, Eul evidence 1-6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion 1: The Plaintiff’s gas station operated by himself/herself, which has no grounds for disposition.