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 running a petroleum retail business (general retail shop) in Sil Silsi B.

B. On April 16, 2019, the president of the Seoul Metropolitan Area Southern Headquarters notified the Defendant of the result of petroleum distribution inspection that “the Plaintiff, a general retail shop, supplied approximately 254 liters via dump trucks (hereinafter “dump trucks”) using mobile-sale vehicles at the construction site of Pyeongtaek-si, on April 11, 2019.”

C. Accordingly, on June 18, 2019, the Defendant rendered a disposition of business suspension for one month against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) by providing the Plaintiff with light to the general retail shop’s operating method.

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on September 9, 2019.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, 3 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 39(2)3 of the Petroleum Business Act, a constructor who performs construction works may directly supply petroleum to construction machinery, such as dump trucks, etc. used for the construction works at the construction site using facilities owned by him/her at the construction site. The Plaintiff did not directly supply diesel trucks to the instant dump trucks, and is the constructor (hereinafter “D”).

(2) The instant disposition based on the premise that the Plaintiff supplied the instant dump truck to the instant dump truck by using its own mobile-sale vehicle. Therefore, the instant disposition is unlawful. 2) The instant dump truck as it abused discretionary power, and the instant dump truck is deemed to be a main truck.