1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff is a person who operates a petroleum retail station with the trade name called “C” (hereinafter “instant business establishment”) in Jinju-si.

On February 27, 2014, the Young-nam Headquarters collected samples from D mobile-sale vehicles in the instant place of business (hereinafter “instant mobile-sale vehicles”) and conducted quality inspections, and on March 13, 2014, Jinju Mayor: (a) the tank (26 sample) in front of the instant mobile-sale vehicle is mixed with approximately 65% of other petroleum products (such as oil, etc.), which is not for motor vehicle transit; (b) thereby, constitutes fake petroleum products as defined in Article 2 subparagraph 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “FF”)

(hereinafter referred to as the “instant violation”) notified the quality inspection of petroleum products.

On April 15, 2014, the Defendant: (a) applied Articles 13 and 29 of the Petroleum Business Act to the Plaintiff; and (b) attached Table 1 of the Enforcement Rule of the Petroleum Business Act to suspend the business for 45 days at the instant place of business (hereinafter “instant disposition”).

On May 28, 2014, the Plaintiff, who was dissatisfied with the instant disposition, filed a petition for adjudication with the Gyeonggi-do Administrative Appeals Commission, but dismissed on May 28, 2014.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and Eul evidence Nos. 7, and the gist of the plaintiff's assertion of legality of disposition of the whole pleadings, the combination of light oil and light oil in the violation of the violation of this case is merely an accident where oil, such as light oil kept in the front tank behind the mechanical defect of the pipe valve because the vehicle owned by the plaintiff was worn out, was mixed with the front tank. Thus, it is not manufactured for the purpose of manufacturing, selling, or keeping fake petroleum products for sale, but for the purpose of using them as fuel such as a vehicle.

In light of the circumstances caused by mechanical defects, the instant disposition is taken.