1. The plaintiff's claim is dismissed.

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

Details of the disposition

From January 30, 2008, the Plaintiff has been holding a petroleum retailer operating “C gas station” from January 30, 2008, and a mobile-sale vehicle (D; hereinafter “instant mobile-sale vehicle”) capable of loading two kinds of oil.

The outer main abandonment of the mobile-sale vehicle of this case is a structure in which the driver selects the kind of oil installed on the vehicle operates, selects the kind of oil, and then uses the external main abandonment.

On November 2, 2016, the Plaintiff’s employees E received a request to change the main hazards of 158 literss for cars, and used the instant mobile-sale vehicle that is loaded with light and light oil to two storage tanks in the Flucheon-si F., and used the instant mobile-sale vehicle that is loaded with light and light oil, and collected samples from two storage tanks for the instant mobile-sale vehicle (hereinafter “the instant construction machinery”). The Seoul Northern Headquarters of the Seoul Metropolitan Area taken 4 litres from the instant construction machinery, as seen above, E collected samples from two storage tanks for the instant mobile-sale vehicle and main entertainment immediately after the said 44 litres from the instant construction machinery.

On November 14, 2016, the president of the Seoul Metropolitan Area North Korea Headquarters notified the Defendant of the result of the quality inspection that in both cases of oil and light taken from oil tanks, the quality problem was not discovered, but in the case of light collected from liquor, there was about 65% mixed oil.

Accordingly, on June 5, 2018, the Defendant issued a disposition imposing a penalty surcharge of KRW 50 million on the Plaintiff pursuant to Article 14(1)3 of the Petroleum Business Act on the ground that “the act of selling light oil as fuel for construction machinery(s)” prohibited under Article 39(1)8 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter “petroleum Business Act”) was prohibited (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings.