담배소매인지정불가처분취소
1. The Defendant’s disposition of non-designation of tobacco retailers issued to the Plaintiff on December 5, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff filed an application for designation as tobacco retailer with the Defendant on August 18, 2016, for the purpose of engaging in tobacco retail business at the main city B apartment and the 101st floor C store (hereinafter “instant business establishment”).
B. The Defendant rejected the Plaintiff’s application on the ground that it failed to meet the distance requirements with the “Dart”, which is an existing tobacco retailer’s place of business in the vicinity, and thereafter, subject to the Plaintiff’s second objection and the Defendant’s second return disposition, the Defendant finally rendered a disposition of non-designation of tobacco retailers (hereinafter “instant disposition”) on December 5, 2016 on the ground that the Plaintiff failed to meet at least 50 meters from the distance between the place of business, which is the criteria for designation under Article 7-3 of the Enforcement Rule of
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gangwon-do Administrative Appeals Commission on December 19, 2016, and the Gangwon-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on March 27, 2017 and sent a written ruling to the Plaintiff as of April 14, 2017.
On June 15, 2017, the Plaintiff filed the instant lawsuit.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the parties’ assertion 1) Rules on the Criteria for Designation of Tobacco Retailers in the original state of the Plaintiff’s assertion (hereinafter “instant Rules”).
According to the method of measuring the distance between the tobacco retailer's business places under Article 5 (1), the distance between the wall of "Dma" and the wall of the instant business establishment shall be measured as the shortest distance depending on the stairs that contact the wall of the instant business establishment, i.e., the shortest distance according to the stairs that may contact the wall of the instant business establishment, and as between the instant business establishment and the "Dmate", the crosswalk exists within 30 meters on the basis of the "Dma", the distance shall be measured on the premise that pedestrians use the crosswalk.