1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is running a petroleum sales business with the trade name “C gas station” in Sejong Special Self-Governing City B (hereinafter “instant gas station”).

B. On August 8, 2016, the Daejeon Chungcheong Headquarters notified the Defendant that “The Korea Petroleum Quality & Distribution Authority violated Article 39(1)8 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter “former Petroleum Business Act”) by selling light oil in the instant gas station as vehicle fuel as a result of the quality inspection of petroleum products and the distribution inspection conducted on July 27, 2016.”

C. On March 2, 2017, the Defendant sold light oil to the Plaintiff as fuel for vehicle machinery, in violation of Article 39(1)8 of the former Petroleum Business Act, after prior notice of disposition and hearing of opinions.

(hereinafter “instant violation”) imposed a penalty surcharge of KRW 50 million on the Plaintiff on the ground that the instant violation was committed. D.

The plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the claim was dismissed on December 12, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 6 evidence (including evidence with a serial number), fact-finding results of the fact-finding conducted by this court against the Head of Daejeon Sejong District Headquarters, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he sold a glass to D, but was unaware of the fact that D had intended to use the glass as a vehicle fuel.

On July 27, 2016, the Korea Petroleum Quality & Distribution Authority, which belongs to the Daejeon Chungcheongnam Headquarters, visited the instant gas station to prepare a document stating that the Plaintiff was aware that D, etc. was used as a vehicle fuel with knowledge of the fact that D, etc. was sold to the Plaintiff, while visiting the gas station in the instant case, and that the Plaintiff would become an inspector in a state of mental confusion and strawing.