1. The Defendant’s imposition of a penalty surcharge of KRW 50,00,000 against the Plaintiff on January 14, 2019 shall be revoked.

2...

1. Details of the disposition;

A. The Plaintiff operates a mutual gas station with the trade name called C gas station in the East Sea (hereinafter “instant gas station”) and sells free petroleum for agriculture.

B. On November 19, 2018, the Gangwon-do headquarters inspected the farmers using duty-free oil, and discovered that the samples collected from E’s transit storage tanks located in D (hereinafter “instant storage tanks”) are mixed with 5% or more of the samples.

C. Accordingly, on January 14, 2019, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff, who sold petroleum products to E under Articles 14(1)3, 13(4)8, 13(1)12, and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including each number in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the oil mixed in the instant storage tank was generated due to the Plaintiff’s failure to work as delivery source F’s accommodation in the course of supplying via 200 liters to E, and the Plaintiff did not use fake petroleum products or allow the use thereof. Therefore, the instant disposition is unlawful.

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

(c) “Fake petroleum products” referred to in Article 2 subparag. 10 of the Petroleum Business Act means products manufactured by any of the following methods, regardless of their titles, such as combustion, additives, and alternative fuels referred to in subparagraph 11 of Article 2 of the Automobile Management Act, which are manufactured for the purpose of using them as fuel for automobiles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act and vehicles and machinery (referring to those using gasoline or light oil as fuel) prescribed by Presidential Decree:

Since it provides that it constitutes fake petroleum products under the Petroleum Business Act.