1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From October 18, 1994, the Plaintiff is a petroleum retailer prescribed by the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) that changes the name of the Plaintiff into the name of the Plaintiff on February 26, 2015, and operates the “Criju station” located in B when the Plaintiff’s husband was permanently residing.

B. On June 3, 2016, the former North Korea Institute collected samples from the aforementioned gas station and conducted quality inspections, and confirmed that light oil, etc. was mixed with approximately 20% of the fuel oil, etc. in the mobile delivery vehicle.

C. On July 18, 2016, the Defendant issued the instant disposition imposing a penalty surcharge of KRW 50 million in lieu of business suspension 1.5 months, by applying Articles 14(1)3 and 13(3)8 and 13(1)12 of the Petroleum Business Act, and Article 16(1) [Attachment Table 1] of the Enforcement Rule of the same Act, on the grounds that the Plaintiff violated Article 29(1)1 of the Petroleum Business Act by manufacturing and storing fake petroleum products with respect to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In light of various circumstances, such as the Plaintiff’s assertion that it is a small gas station and the fact that there was no actual benefit, the instant disposition was unlawful as it was an abuse of discretionary power by excessively harshly treating the Plaintiff.

B. (1) In full view of the following circumstances that can be recognized by the foregoing evidence as to the instant case, the need for public interest to achieve the instant disposition may not be deemed to be less light than the disadvantages the Plaintiff would suffer, even if considering the various circumstances of the Plaintiff’s internal concern.

Article 29 (1) of the Petroleum Business Act strictly prohibits the manufacture of fake petroleum products, and strictly controls the tank or mobile-sale vehicles of oil stations so that they can not be mixed with petroleum products.