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 registered titleholder of “C gas station” in Daegu Dong-gu, Daegu-gu.

B. On August 13, 2015, the Defendant was notified by the head of the Daegu East Coast Guard of the violation of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “the instant violation”) of the content that “the main note was altered and sold below the fixed quantity” in the instant gas station (hereinafter “the Petroleum Business Act”).

C. In addition, the Defendant, from the chief public prosecutor of the Daegu District Public Prosecutor's Office on May 9, 2016, D, the actual operator of the above gas station, was above D.

was notified that he was convicted of the violation of the subsection of this paragraph (Tgu District Court 2015Hun-Ma5975).

Accordingly, on June 14, 2016, the Defendant issued the instant disposition to revoke the registration of petroleum selling business (gas station) in accordance with the relevant statutes.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 4, the purport of whole pleading

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion that the designation of the other party was unlawful is without any participation in D’s act, and the Plaintiff did not know of the aforementioned violation, and the instant disposition is merely an employee of the aforementioned gas station, and thus is an unlawful disposition that erroneously designated the other party.

(2) Even if the Plaintiff’s abuse of discretionary power was the other party to the disposition, the instant disposition revoking the registration, which is not the suspension of business, is unlawful as it abused the Plaintiff’s discretionary power by excessively harshly treating it.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) The sanctions imposed on the violation of the administrative law regarding whether the designation of the other party is illegal are sanctions, given that the objective fact of the violation of the administrative law is derived in order to achieve administrative purposes, it is not always a real offender, but a person prescribed by the law as the person responsible for the violation, and barring any special circumstance, it may be imposed on the violator without intention or negligence.