1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff was a person who operates a cafeteria in Busan Northern-gu (hereinafter referred to as “Plaintiff’s business office”) and applied for the designation of a tobacco retailer to the Defendant on September 18, 2017.

Plaintiff

There is F, a tobacco retailer's place of business near Busan, Northern-gu E and 101. Among them, there is a secondary lane G road (hereinafter "road in this case"), where the yellow domin line is installed as follows. A pedestrian traffic report is installed to the width of the Plaintiff's place of business of this case, and the crosswalk is installed on the upper side of the road in this case.

On September 19, 2017, the Defendant measured the distance between the Plaintiff’s place of business and F through a crosswalk as follows, and confirmed that the distance between the Plaintiff’s place of business and F is considerably more than 50 meters and not less than 200 meters, and confirmed that the criteria for the designation of tobacco retailers in North-gu Busan Metropolitan City (hereinafter “Rules on Criteria for Designation of Tobacco Retailer”) comply with Articles 3 and 4 of the Regulations, and designated the Plaintiff as a tobacco retailer pursuant to Article 16 of the Tobacco Business Act and Article 7-3 of the Enforcement Rule of the same Act on September 25, 2017.

C EIDDF G G G G G G G on January 17, 2018, and after reporting the closure of tobacco retailers, as seen in the said forest, B, who operated “I” in the H located adjacent to the F, Busan Northern-gu (hereinafter “instant place of business”), applied for the designation of tobacco retailers to the Defendant on January 23, 2018.

On or before January 31, 2018, the Defendant confirmed that the distance between the Plaintiff’s business office and F was at least 182 meters from the instant business office to the Plaintiff’s business office, through the sidewalk of the instant road, as a result of measuring the distance from the instant business office to the Plaintiff’s business office, which is opposite to the instant road, and designated as a tobacco retailer B on the same day.

(hereinafter “instant disposition”). On February 1, 2018, the Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission (hereinafter “Administrative Appeals Commission”).