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 operating a C gas station located in Asan City B (hereinafter referred to as “instant gas station”).

On September 10, 2015, the Daejeon Chungcheong Headquarters confirmed that D purchased light oil 56.226 liters in order to use the bus engineer D as fuel for the bus (E) it operates at the instant oil station, and notified the Defendant of this fact.

On November 13, 2015, the Defendant issued a disposition imposing a penalty surcharge of KRW 50 million pursuant to Articles 13(3)8, 13(1)12-2, and 29(1)3 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “instant disposition”) on the ground that the Plaintiff supplied D, a bus transport business entity, with light to automobile transit and oil for the purpose of manufacturing and using fake petroleum products.

The Plaintiff appealed and filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission, but the said claim was dismissed on July 18, 2016.

The Plaintiff’s assertion as to the legitimacy of the disposition of the instant case as to the entries in the evidence Nos. 1, 3, and 1 through 5 of A, and the purport of the entire pleadings, are being sold directly by employees in the instant gas station. However, D’s arbitrary distribution of a bus to which F, the head of the instant gas station, is discovered.

D.F was investigated by an investigative agency for a violation of the Petroleum and Petroleum Substitute Fuel Business Act, but D was suspected of being prosecuted, and F was subject to a non-prosecution disposition by not only the suspicion.

Therefore, the instant disposition based on the premise that the Plaintiff sold fake petroleum products without having sold them should be revoked in an unlawful manner.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The sanctions imposed on violations of administrative laws are sanctions based on the objective facts of violations of administrative laws in order to achieve administrative purposes.