1. The Defendant’s disposition of business suspension for three months against the Plaintiff on March 6, 2019 shall be revoked.

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

1. Details of the disposition;

A. From December 25, 2016, the Plaintiff is operating a gas station (hereinafter “instant gas station”) under the trade name, namely, C gas stations in Jindo-gun, Jindo-gun, Jindo-gun.

B. On October 22, 2018, the Honam Headquarters collected one gasoline sample from the underground gasoline storage in the instant gas station, one diesel sample from the underground diesel storage, one diesel sample from the D mobile-sale vehicle (hereinafter “instant vehicle”).

(hereinafter referred to as “the collection of samples of this case”).

On November 5, 2018, the head of the Honam Headquarters notified the Defendant of the quality inspection of samples taken as above: ① underground gasoline storage and samples taken from underground diesel storage meet the quality standards; ② diesel samples taken from the instant vehicle are mixed products with approximately 5% of other petroleum products (e.g., oil) and constitutes fake petroleum products provided for in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

On March 6, 2019, the Defendant issued a disposition of business suspension for three months on the ground that he/she violated Article 29 of the Petroleum Business Act by keeping fake petroleum products to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number, hereinafter the same), the purport of the whole pleadings

2. The plaintiff's assertion

A. The inspector of the Honam Headquarters of the Institute has obtained a written confirmation of the collection of samples in the course of the collection of samples in this case, not the representative or the interested party, and thus, the instant disposition is unlawful.

B. The Plaintiff did not keep fake petroleum products in the instant vehicle, and there is no ground for the instant disposition.

C. The instant disposition abused discretion.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. Whether the collection process is illegal