1. The Defendant’s disposition of imposing the penalty surcharge against the Plaintiff on May 19, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

The Plaintiff is a petroleum retailer operating the “Criju station” in Namyang-si, Namyang-si.

On January 17, 2017, the director general of the Seoul Metropolitan Area North Korea Headquarters notified the Defendant that “the sample collected from the Plaintiff’s D mobile-sale vehicle (hereinafter “instant vehicle”) in the Plaintiff’s gas station meets the quality standards, but the sample collected in the second room is mixed with a product with approximately 5% of other petroleum products (e.g., oil, etc.) in the vehicle transit, and constitutes fake petroleum products provided for in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter “petroleum Business Act”).

On May 19, 2017, the Defendant issued a disposition imposing a penalty surcharge of KRW 50,000,000 on the Plaintiff on the ground of “storage and storage of fake petroleum products (mix of about 5% in transit, etc.)” (hereinafter “instant disposition”).

[Reasons for Recognition] A, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's assertion that fake petroleum products under Article 2 subparag. 10 of the Petroleum Business Act are manufactured by mixing petroleum products with other petroleum products, and are manufactured for the purpose of using them or allowing them to use them as fuel for vehicle machinery. Thus, in order to dispose of this case, the plaintiff must be aware that it is fake petroleum products and their manufacture, storage, and storage. Since petroleum products in the 3rd room of the vehicle of this case are partially mixed with petroleum products in the course of changing the kind of oil by the plaintiff's employees, they manufacture fake petroleum products to the plaintiff.

There was no perception that they will be kept and transported.

Therefore, the instant disposition is unlawful because it is not recognized as a ground.

The employees of the Institute that collects samples from the instant vehicle.