1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On April 6, 2015, Nonparty B was designated as a retailer under Article 16(1) of the Tobacco Business Act and Article 7-3(1) of the Enforcement Rule of the same Act from the Defendant on April 6, 2015, and operated tobacco retail business with the trade name called “D” at the stores located in Seojin-gu Seoul Metropolitan City, Seoul

(hereinafter referred to as “existing place of business”). (b)

On May 26, 2015, the Plaintiff operated a store for mutual convenience (hereinafter “F”) of “F” at the 1st floor store located in Geumcheon-gu Seoul Special Metropolitan City E, Seoul Special Metropolitan City (hereinafter “instant store”). On June 26, 2015, the Plaintiff filed an application for designation as tobacco retailers with the Defendant on June 2, 2015, and the Defendant issued a disposition for designation as tobacco retailers (hereinafter “instant original disposition”).

C. Accordingly, B filed an application for adjudication seeking the revocation of the original disposition in this case with the Jeollabuk-do Administrative Appeals Commission, and on September 17, 2015, the Jeollabuk-do Administrative Appeals Commission rendered a ruling on the revocation of the original disposition in this case (hereinafter “instant ruling”) on the ground that the Defendant’s determination of the distance between the previous place of business and the store in this case at least 50 meters was unlawful, even though the shortest distance between the two places of business was within 145 meters.

On September 21, 2015, the Defendant issued a disposition to revoke the designation of tobacco retailers as of September 30, 2015 (hereinafter “instant disposition”) with respect to the Plaintiff on September 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence, Eul evidence 2 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) did not receive prior notice from the Defendant on the grounds and reasons for the disposition prior to the instant disposition, and was not given an opportunity to present opinions. This disposition is unlawful as violating the Administrative Procedures Act. 2) Article 7-3(1) and (3) of the Enforcement Rule of the Tobacco Business Act.