1. On December 21, 2015, the Defendant’s suspension of business against the Plaintiff on December 21, 2015 is 45 days.

1. Details of the disposition;

A. The Plaintiff is a business operator who operates a petroleum retail business (hereinafter “instant business”) that sells oil and light oil with the trade name “C” in Gyeyang-gu, Gyeyang-gu (hereinafter “C”).

B. On July 23, 2015, the officials in charge of the Institute collected samples at the instant business establishment and conducted quality inspections, and found that other petroleum products (e.g., oil, etc.) were a fake petroleum product mixed with about 5% and notified the Defendant thereof. On December 21, 2015, the Defendant issued a three-month disposition suspending business (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. The Plaintiff dissatisfied with this and filed an administrative appeal on December 25, 2015, and the Gyeonggi-do Administrative Appeals Commission made a ruling to change the disposition on March 23, 2016 to 45 days of business suspension.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there was no fact that the plaintiff manufactured, stored, and sold fake petroleum by mixing them with light oil, and there was no fact that he purchased or stored fake petroleum products.

The instant establishment has an underground tank capacity of 4,900 liters for storage of light oil and oil, and the diesel storage tank cannot store light oil for more than 600 liters because it is gold inside, so it is not used for sale, but is used for storage of maximum of 600 liters for oil of the delivery vehicle. However, the quality inspection result has been conducted in the mixture of other petroleum products (e.g., oil) from the sample collected from the above light storage tank, but it has been conducted in the delivery vehicle's license when it delivers light oil and oil to the delivery vehicle's driver and injects light to the storage tank.