1. The Defendant’s disposition of imposition of the penalty surcharge against the Plaintiff on October 18, 2017 shall be revoked.

2. The costs of lawsuit shall be.

1. Details of the instant disposition

A. On December 6, 2011, the Plaintiff registered the petroleum selling business of the trade name “B” with three storage facilities and five main amusements around December 6, 201, and operates the said gas station (hereinafter “instant gas station”) by employing one employee together with his spouse.

B. On August 31, 2017, the former North Korea Institute collected samples from the mobile-sale vehicle of the instant gas station (hereinafter “the instant Home-ro vehicle”) and inspected them, confirmed that the instant water tank was mixed with approximately 5% of the water for automobiles among the samples, and notified the Defendant of this fact on September 6, 2017.

C. On September 12, 2017, the Defendant notified the Plaintiff of the violation of Article 29(1) of the Petroleum Business Act, and was presented the Plaintiff’s opinion on September 26, 2017.

On October 18, 2017, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff on the ground that he/she manufactured and sold fake petroleum products in violation of Article 14 and Article 29(1)1 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 14774, Apr. 18, 2017; hereinafter “petroleum Business Act”).

(hereinafter referred to as the "disposition of this case"). [Grounds for recognition] The entry of Gap's 1 to 7, Eul's 1 to 4, and Eul's 7 (including branch numbers if there are branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s non-existence of the grounds for disposition is a single alcoholic beverage with 200 liters, such as the vehicle for delivery via 2.5 tons and the vehicle for delivery via 1 ton, which is operated separately, and the vehicle for delivery through rapid transit at a distance of delivery or between the two, and the vehicle for delivery via 1 ton and the vehicle for delivery was loaded in one ton, and the 150 liters via the empty tank (50m) remains in the Home Ri (a single alcoholic beverage).