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 operating a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Jeonnam-gun, Chungcheongnam-do.

B. On October 15, 2017, the former North Korea Institute collected samples from vehicle transit in front of the vehicle moving-sale vehicles (D) of the instant gas station, resulting in the quality inspection of petroleum products that combine about 5% of other petroleum products (such as oil, etc.) with the vehicle transit on the vehicle loaded on the said vehicle.

C. On June 15, 2018, the Defendant rendered a disposition of business suspension for 45 days to the Plaintiff on the ground that he/she violated his/her duty to prohibit manufacturing, etc. of fake petroleum products by a petroleum retailer pursuant to Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”). D.

On July 24, 2018, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Seoul-do Administrative Appeals Commission, which was dismissed on October 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 5, 6, and 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff failed to verify whether there are other foreign substances in the sampling pipe used in collecting samples. As such, it is difficult to believe the result of the quality inspection of the Institute. Even if other petroleum products were mixed, this is an accident of which the valves connecting the shooting room and the rear shooting room before the vehicle’s deterioration were slided and, thus, there is no ground for the instant disposition. 2) The instant disposition was excessively harsh, and thus, the instant disposition was abused and abused discretionary power.

(b) as shown in the attached Form of the relevant statutes;

(c) Determination 1) Sanctions against a violation of administrative laws and regulations are sanctions against the objective fact that it is a violation of administrative laws and regulations in order to achieve administrative objectives.