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 3, 2017, the Plaintiff opened a tobacco retailer’s business pursuant to the “Cusper” under the C and 105, and filed an application with the Defendant for designation as a tobacco retailer.

(hereinafter referred to as “instant application” and the above store is referred to as “Plaintiff’s business establishment”). B.

Plaintiff

On April 28, 2017, the Defendant notified the Plaintiff of the fact that the distance between the Plaintiff’s business office and the GS business office is less than 50 meters (48.6m) and Article 16(3) of the Tobacco Business Act, Article 7-3(2)1 of the Enforcement Rule of the same Act, and Article 3(1) of the Rules on the Criteria for Designation of Tobacco Retailer in Mosung, which rejected the application of this case, based on the reason that the distance between the Plaintiff’s business office and the GS business office is less than 50m (48.6m).

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 3, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. Upon delegation from Article 16 of the Tobacco Business Act, the designation of a tobacco retailer pursuant to the criteria under Article 7-3(2)1 of the Enforcement Rule of the Tobacco Business Act constitutes a binding act. In measuring the distance between the Plaintiff’s business establishment and GS business establishment, the Defendant’s measurement of the distance between the Plaintiff’s business establishment and the GS business establishment, Article 3(1) [Attachment] of the Rules on the Criteria for Designation of Tobacco Retailers in the light of the delegation from Article 3(4)

In accordance with the provision that "the shortest distance must be measured according to the passage of pedestrians," and it cannot arbitrarily pass along the landscaping zone and other facilities that should be developed according to the construction Acts and subordinate statutes around the plaintiff's place of business. Therefore, considering the possibility of passage of pedestrians who are tobacco consumers, the defendant should measure the shortest distance based on the outer wall on which pedestrians are walking along, bypassing the landscaping zone. However, the shortest distance is based on the outer wall located in the landscape zone where pedestrians cannot pass.