1. On January 12, 2017, the Defendant’s disposition suspending business against the Plaintiff for 45 days (from January 19, 2017 to March 4, 2017).

1. Basic facts

A. From July 2013, the Plaintiff is operating a gas station in Gwangju Dong-gu with the trade name “Criju station”.

B. The Plaintiff’s regular inspection of gas stations 1) On November 17, 2016, two employees of the Honam Headquarters of the Institute visiting C gas stations to conduct a regular inspection. At the time, the Plaintiff was parked on the C gas stations’ site (hereinafter “instant oil tank”).

(2) On December 1, 2016, the Institute of Honam Headquarters notified the Defendant of the result of the quality inspection of petroleum sampling that approximately 80% of the oil, such as automobile light oil, was combined with fake petroleum products.

(No. 1). (c)

The Defendant issued the instant disposition on January 12, 2017, the Plaintiff’s Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”).

) On the ground that the Plaintiff kept fake petroleum products in violation of Article 29(1)1, 45 days of business suspension (from January 19, 2017 to March 4, 2017) was disposed of against the Plaintiff.

(hereinafter “instant disposition”) (Evidence A No. 3) D.

The Plaintiff was subject to a disposition of non-prosecution by the prosecutor of the Gwangju District Prosecutors' Office on the grounds that there is no evidence to prove that the Plaintiff manufactured petroleum products for the purpose of using them as fuel in relation to the instant case.

(No. 9) (No. 2017-No. 5435) (No. 9) of the Gwangju District Prosecutors' Office 2017-No. 5435 (Evidence 9) / [based grounds for recognition], Gap's 2, 3, 9-No. 1-

2. Whether the disposition of this case is legitimate;

A. The Plaintiff’s assertion 1) Inasmuch as the Plaintiff did not manufacture petroleum products stored in the oil tank of this case for the purpose of using them as fuel for automobiles, etc., the Plaintiff cannot be deemed to have kept fake petroleum products. Therefore, there is no ground for the instant disposition. Accordingly, the instant disposition is intended to achieve the disposition of this case, which deviates from or abused discretion.