담배소매인 지정처분 취소청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The court's explanation about this case is identical to the part concerning the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made under Paragraph (2) below, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
(A) The grounds alleged by the Plaintiff in this Court while filing an appeal are not significantly different from the allegations in the first instance court, and if all the evidence submitted in the first instance court were examined, the first instance court’s rejection of the Plaintiff’s assertion is justifiable). On the second instance judgment of the first instance, the first instance court’s dismissal of the instant disposition “B” (hereinafter “instant disposition”) was conducted under the second instance judgment of the second instance.
In the second sentence of the judgment of the first instance, the Korea Tobacco and Ginseng Corporation shall be incorporated into “K (hereinafter referred to as “K”)” in the third sentence.
The part of the judgment of the first instance shall be deleted from the 2nd to the 3nd 1st 1st , and the 1th f of the judgment of the first instance shall be removed from the 2nd 1st f. of the grounds for the judgment of the first instance.
Part 3 of the first instance judgment of the court of first instance provides that "each entry of Nos. 1 through 3 and 6 shall be made with "Nos. 1 through 3, Nos. 6, and Nos. 11 through 13," respectively.
Part 5 of the judgment of the court of first instance shall be subject to Article 7-3 (1) 1 "in accordance with Article 7-3 (2) 1" in Part 3 of the judgment of first instance.
3. Grounds for the judgment of the court of first instance
C. Paragraph 2 of the part of the judgment of the court of first instance (the part of the 6th to 6th of the 6th to 8th of the 6th of the 8th of the 6th of the 6th
Article 16 (2) 3 of the Tobacco Business Act provides that "the head of a Si/Gun/Gu shall not designate a tobacco retailer if it fails to meet the criteria for designation prescribed by Ordinance of the Ministry of Strategy and Finance, such as the distance between places of business," and Article 7-3 (2) 1 of the Enforcement Rule of the Tobacco Business Act provides that "the distance between places of business of a retailer shall be at least 50 meters."