1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. Pursuant to Article 10(2) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”), the Plaintiff runs a petroleum sales business after reporting it to a general retail shop.

B. On June 18, 2018, the Defendant imposed a penalty surcharge of KRW 4 million on the Plaintiff on June 18, 2018, on the ground that the Plaintiff, a general retail shop, supplied 40-liters via a gas station for sale at a construction site, thereby undermining the distribution order of petroleum and alternative fuels (hereinafter “petroleum, etc.”).

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, No. 1, and No. 4

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is only 40 liters via the gas station upon the request of the customer who is urgently needed via the gas station.

At the time, the Plaintiff did not know whether such an act was a violation of the Petroleum Business Act.

Since the penalty surcharge of KRW 4 million is too excessive, the cancellation of the instant disposition is sought.

B. (1) Whether the reason for disposition exists or not, Article 39(1)10 of the Petroleum Business Act, and Article 43(1)1 of the Enforcement Decree of the Petroleum Business Act prohibit the act of undermining sound distribution order of petroleum, such as supplying or being supplied with petroleum by violating the scope of business by petroleum retail business or business methods. In addition, pursuant to Article 2 subparag. 4 of the Enforcement Decree of the Petroleum Business Act, and Article 2 of the Enforcement Rule of the Petroleum Business Act, only a general retail store that reports the trading situation to B manager by means of a computerized report determined and publicly notified by the Minister of Trade, Industry and Energy among general retail stores located in the area (Myeon) may be supplied with oil stations or light oil or light oil from gas stations. (2) No dispute between the parties, or taking full account of the overall purport of the arguments in the items of evidence No. 4,