A. On September 15, 2017, the Plaintiff filed an application with the Defendant for designation as a tobacco retailer for the purpose of engaging in tobacco retail business at a convenience store (hereinafter referred to as the “instant business establishment”) located in Sungsung City B and 6 (hereinafter referred to as the “instant business establishment”).

B. Accordingly, the Defendant conducted fact-finding investigations on September 28, 2017 pursuant to Article 7(4) of the Enforcement Rule of the Tobacco Business Act, and was measured that the distance between the instant establishment and the existing establishment of tobacco retailers located in the vicinity thereof (hereinafter “instant neighboring establishment”) is at least 50 meters as stipulated in Article 7-3(2)1 of the Enforcement Rule of the Tobacco Business Act.

C. On October 10, 2017, a retailer of the neighboring place of business of the instant case filed an objection and requested a re-examination.

Accordingly, on the 11th, 16th, and 22th of the same month, the Defendant conducted the second or fourth fact-finding investigation, respectively, and as a result, the distance between the places of business was measured by measuring the straight distance between the outer walls of the instant place of business and each of the outer walls of the instant place of business.

Based on the aforementioned findings of fact-finding, the Defendant issued a non-designated temporary injunction against the Plaintiff on October 24, 2017, on the ground that the place of business in the vicinity of the instant case was located within 50 meters from the instant place of business and did not meet the requirements for at least 50 meters from the distance between the places of business stipulated in Article 7-3(2)1 of the Enforcement Rule of the Tobacco Business Act.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the parties' assertion 1) The Rules on the Criteria for Designation of Tobacco Retailers in Sungsung-si, which specifically provides for the method of measuring the distance between places of business pursuant to the delegation of Article 7-3(4) of the Enforcement Rule of the Tobacco Business Act (hereinafter "the Rules").