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 operating a Criju station located in B in the YY-si.

B. On October 27, 2017, the employees of the former North Korea headquarters collected samples of re-sales stored in the mobile-sale vehicles located in the C2017.

After November 1, 2017, the president of the former North Korean Institute notified the Defendant of the result of the examination of the sample taken above and determined as fake petroleum products.

C. On the ground that the Plaintiff sold fake petroleum products on December 27, 2017, the Defendant issued a disposition of suspension of business 1.5 months against the Plaintiff from February 5, 2018 to March 20, 2018.

(hereinafter “instant disposition”) D.

On January 18, 2018, the Plaintiff filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission, Chungcheongnam-do. However, on March 15, 2018, the Plaintiff was ruled to dismiss the request.

[Grounds for Recognition: Evidence Nos. 1, 2, and Eul No. 4, 5, and 6]

2. Summary of the plaintiff's assertion

A. The Plaintiff’s spouse D, who was not familiar with the Plaintiff’s duties, is able to oil in the tank for an useful mobile-sale vehicle, such as error, and is mixed with light products. It does not intentionally sell fake petroleum products.

Therefore, the instant disposition that the Plaintiff sold fake petroleum products is unlawful.

B. The instant disposition is an excessive disposition compared to the degree of the Plaintiff’s violation and is unlawful in violation of the principle of proportionality.

3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

4. Whether the disposition of this case is unlawful

A. (1) Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) prohibits the sale of fake petroleum products. According to Articles 13(4), 8, and 13(1)12 of the same Act, where a petroleum retailer violates the obligation to prohibit the sale of fake petroleum products, the registration of the petroleum retailer is revoked or the business is suspended for a period not exceeding six months.