담배소매인지정처분취소
1. Of the instant lawsuit, the part of the claim for revocation of the designation as a tobacco retailer against the Plaintiff shall be dismissed.
2...
1. Details of the disposition;
A. The Plaintiff operates a mutual convenience store, “365 flus D stores,” at the 101 shop of Suwon-si Construction Co., Ltd. (hereinafter “instant building”), and Nonparty B operates a mutual convenience store, “GS25 E,” at the 104 shop of the instant building.
B. In accordance with Article 7-2 of the Enforcement Rule of the Tobacco Business Act on April 10, 2015, the Defendant issued a public notice of application for designation as tobacco retailers as follows.
A. Before 200:
Period of receipt: From April 10, 2015 to
4. Place of application for new establishment of GH located in the sphere of 17. The location of retailer classification: One application form for designation of tobacco retailers in the sphere of 101, one document evidencing the right to use a shop, one document evidencing the right to use a shop, and one document evidencing the right to use a disabled person or a person who has rendered distinguished services to the State (hereinafter omitted) drawing: The method of drawing lots to applicants meeting the criteria for designation among applicants: Persons who have rendered distinguished services to the State and persons who have disabilities shall be selected in preference to other applicants (excluding persons who operate tobacco retail business in any other place); if two or more applicants meet the criteria for designation, an open lottery shall be made;
C. According to the instant public notice, the Plaintiff and B filed an application for designation as tobacco retailers with the Defendant on April 20, 2015, respectively, on the same day.
On April 21, 2015, pursuant to the proviso of Article 7(4) of the Enforcement Rule of the Tobacco Business Act, the Defendant requested the Korea Tobacco Sales Association, an incorporated association, to investigate into facts, and conducted a fact-finding investigation into the Plaintiff and B.
E. On April 28, 2015, the Defendant: (a) pursuant to Article 7-2(1) of the Enforcement Rule of the Tobacco Business Act and Article 7(1) of the Rules on the Criteria, etc. for Designation of Tobacco Retailers in Suwon, with respect to the Plaintiff, B, etc. (hereinafter “CG Rules”).