1. On March 7, 2016, the Defendant revoked the designation of a tobacco retailer for the Plaintiff by the head of Gwanak-gu Seoul Special Metropolitan City Office.

On December 18, 2015, the Plaintiff was designated as a tobacco retailer by the head of Gwanak-gu in Seoul Special Metropolitan City, the head of Gwanak-gu in Seoul Special Metropolitan City, as a place of business.

(hereinafter “instant original disposition”). On December 28, 2015, F, which had operated a tobacco retail store under the trade name called “E convenience store” (hereinafter “instant competing store”), the neighboring stores of the instant store, filed an administrative appeal seeking revocation of the instant original disposition with the Defendant on December 28, 2015.

On March 7, 2016, the Defendant rendered a decision to revoke the original disposition of this case on the ground that it was unlawful since the Plaintiff was designated as a tobacco retailer, even though the distance between the instant store and the competing store falls short of 50 meters, which is the criteria for restricting the distance between the places of business as set forth below.

(hereinafter referred to as the “instant adjudication”). On the other hand, the following forest-related roads are one-way roads for the first line, and crosswalks do not exist within 100 meters from the competition store of this case.

The Plaintiff asserts that the instant judgment should be revoked on the following grounds as follows: (a) there is no dispute over total of 47.5m [based on recognition] of the road-related news reports at issue on the instant competition store; and (b) whether the instant judgment is legitimate as a whole, as stated in the evidence Nos. 1 and 5, and the purport of the entire arguments and arguments.

The distance between the instant store and the competing store meeting the criteria for restriction on the distance between the tobacco retailer's business places shall be determined by the method prescribed in 5. of the criteria for method of measuring the distance between the retailer's business places under Article 6 [Attachment 1] of the Regulations on the Designation of Tobacco Retailer in Gwanak-gu in Seoul Special Metropolitan City, and when measuring the distance between two stores by applying this method, the distance between two stores shall exceed 50

Even if the distance measurement method taken by the instant ruling should be applied.