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, in the Jincheon-gun, Jincheon-gun, Jincheon-gun, operated the “C gas station” (hereinafter “C gas station”) and sold petroleum.

B. On June 26, 2018, the Defendant: (a) on the ground that “the Plaintiff, at the instant gas station on April 8, 2018, sold 470.589 litres (400,000 won) oil, such as oil, at the oil storage facilities installed in the instant gas station, to D, and sold gas to D as fuel for vehicle machinery (hereinafter “instant violation”); and (b) thereby, violated Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”); (c) Article 16 [Attachment 1] of the Enforcement Rule of the Petroleum Business Act

2. D.

15) The imposition of a penalty surcharge of KRW 50 million in lieu of a three-month suspension of business under subparagraph (e) was made.

C. The Plaintiff dissatisfied with the imposition of the said penalty surcharge and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the Chungcheongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim on August 28, 2018.

The defendant is above October 5, 2018.

The Plaintiff urged the payment of penalty surcharges by October 17, 2018 when notifying that the penalty surcharges should be imposed again, but the Plaintiff did not pay the penalty surcharges. Accordingly, on October 29, 2018, the Defendant revoked the said imposition of penalty surcharges and issued a three-month disposition suspending the business (hereinafter “instant disposition”).

E. Meanwhile, on November 20, 2018, with respect to the instant violation, the Plaintiff was subject to a disposition of the charge of violating the Petroleum Business Act (hereinafter “related criminal case”) by the Cheongju District Prosecutors’ Office (Cheongju District Prosecutors’ Office) on November 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a fact that he sold glass to D, but the plaintiff knew that he would use the glass as fuel for the vehicle machinery.