1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From June 28, 2008, the Plaintiff is operating a gas station C in Gwangjin-gun B (hereinafter “instant gas station”).

B. On October 19, 2017, the former North Korea Institute collected samples from the front partitions and the rear column of the vehicle for moving and selling the instant gas station at the place of collecting DNA aggregate, and on October 31, 2017, the former North Korea Institute notified the Defendant of the result of quality inspection of fake petroleum products as stipulated in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. On December 22, 2017, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff on the ground that the Plaintiff violated a duty not to manufacture, etc. fake petroleum products by a petroleum retailer pursuant to Article 29(1)1 of the Petroleum Business Act (hereinafter “instant disposition”).

On April 11, 2018, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission, which was dismissed on June 29, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) does not exist. The instant disposition was sold fake petroleum products by mixing F’s actual waterway and light oil, which is an employee. As such, the Plaintiff did not have the intent to violate the Petroleum Business Act. The Plaintiff did not have any justifiable reason to believe that it is difficult for the Plaintiff to neglect his/her duty by performing his/her duty of care to not sell fake petroleum products. Thus, there is no ground to dispose of the instant disposition. 2) The instant disposition deviates from and abused discretionary authority.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determination of the existence of the reasons for the disposition is the objective measure that imposes sanctions on the violation of administrative laws and regulations is a violation of administrative laws and regulations in order to achieve administrative objectives.