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(영문) 창원지방법원 2017.05.23 2016구합53416
담배소매인지정취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 24, 2012, the Plaintiff was designated as a tobacco retailer in the name of “C” from the Defendant’s “Sasi B and 101”.

B. Around November 2016, the Plaintiff asked the Defendant whether he/she is entitled to be designated as a tobacco retailer in the “D” (hereinafter “instant store”). The Defendant announced the Plaintiff to the effect that the designation of the Plaintiff’s tobacco retailer in the existing place is valid, thereby making a change in the location of the tobacco retailer’s business place, and that the instant store does not need to be newly designated as a tobacco retailer.

C. On November 17, 2016, the Plaintiff filed an application with the Defendant for a change in the location of the tobacco retailer’s business place from “Sasi-si B” to “Sasi-si D,” and the Defendant approved it on November 24, 2016.

On December 27, 2016, the Defendant revoked the designation of a tobacco retailer on the ground that “The Plaintiff did not engage in the business for at least 60 days without filing a report on the closure or suspension of business, and that the Plaintiff failed to purchase tobacco from a wholesaler, etc. for at least 90 days without good cause, and that the designation of a tobacco retailer under Article 17(1)5 and 6 of the Tobacco Business Act was revoked on the ground that the designation was revoked.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 6, 11, and 12, and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The issue of this case is whether the disposition of this case infringed the plaintiff's trust interest or violated the principle of proportionality and abused discretion.

B. The Plaintiff’s assertion as to whether the principle of protection of trust is violated can be newly designated as a tobacco retailer at the instant store around November 2016, when the Plaintiff closed his/her business at the existing place of business on September 2015, but did not separately report the closure or suspension of business.

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