The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. The Plaintiff registered petroleum retail business (gas station) with the trade name called “C gas station” as the location of Namyang-si, Namyang-si, and sold petroleum products after completing business registration around December 31, 2013.

B. On May 20, 2019, the director of the headquarters of the Seoul Metropolitan Area North Korea Institute sold gasoline and light oil for automobiles to the Defendant (general retail shop) and supplied de facto consumers (construction company) with gasoline and light oil for automobiles instead of D, which violated Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 43(1)1 of the Enforcement Decree of the same Act.

C. On July 19, 2019, the Defendant imposed a penalty surcharge of KRW 15,00,000 on the Plaintiff on the ground that such supply was in violation of the scope and method of business.

(hereinafter referred to as "the Disposition in this case"). [Grounds for recognition] The Disposition in this case does not dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff received advance payment from June 2018, after consultation with D to trade with D, and supplied petroleum products to the construction site construction vehicles and heavy equipment designated by D until April 17, 2019. The Plaintiff did not know at all that such transaction was illegal (hereinafter “the Plaintiff’s assertion”).

2) Considering that the Plaintiff’s failure to know about the illegality of the supply act as seen above, the Plaintiff did not have an opportunity to receive prior guidance, and that it was the time when the Plaintiff was faced with difficulties in the operation of a gas station and became relieved of the enemy, the instant disposition is excessively harsh.

(hereinafter referred to as “B”. (b)

It shall be as shown in the attached Form of the relevant statutes.

C. 1) Determination 1) Petroleum business Act Article 13(1)15, (4)8, and Article 14(1)3 of the Petroleum Business Act is an act by a petroleum retailer under Article 39 of the Petroleum Business Act.