1. The Defendant’s disposition of imposing the penalty surcharge against the Plaintiff on December 22, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On October 1, 199, the Plaintiff is running a liquefied petroleum gas filling business under the trade name of “Cgas filling station” (hereinafter “instant filling station”) after obtaining permission from the Defendant for a liquefied petroleum gas filling business from the Defendant at Seocheon-si B, 199.

나. 한국석유관리원은 2014. 10. 27. 이 사건 충전소에 보관되어 있던 액화석유가스에서 시료를 채취하여 검사한 결과, C₃ 탄화수소(프로판, 이하 ‘프로판’이라 한다) 성분조성이 기준치 10mol%를 7mol% 초과한 17mol%로, C₄ 탄화수소 성분조성이 기준치 85mol%에 3mol% 미달한 82mol%로 판정되자, 그 결과를 피고에게 통보하였다.

C. On December 22, 2014, the Defendant imposed a penalty surcharge of KRW 6,720,00 on the Plaintiff pursuant to Article 18(1) and [Attachment Table 11] of the Enforcement Rule of the Liquefied Petroleum Gas Business Act on the ground that the Plaintiff sold low quality products in violation of Article 25(3) of the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter “ Liquefied Petroleum Gas Business Act”) and issued a disposition to publish the said violation on the Internet pursuant to Article 47-2 of the Enforcement Rule of the same Act.

(hereinafter referred to as the “disposition of this case”). / [Grounds for recognition] / without dispute; Gap evidence Nos. 1, 2, and 11 (including various numbers; hereinafter the same shall apply); Eul evidence Nos. 1 through 3, and 7 through 10; the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff has only a liquefied petroleum gas storage tank for motor vehicles in the instant charging station, and sells liquefied petroleum gas immediately from S-Otil Co., Ltd. (hereinafter "S-Otil"), and it is not possible for the plaintiff to inject new prote to the liquefied petroleum gas supplied by S-Otil. The plaintiff's assertion that the creation of protein ingredients of liquefied petroleum gas stored in the instant filling station exceeds the standard values, which is supplied by S-Otil itself.