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(영문) 서울고등법원 2017.08.30 2017누39176
담배소매인영업소 위치변경 승인처분취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

The reasoning of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, in addition to the partial dismissal as set forth in paragraph (2) below, and thus, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Part 3, 7 of the judgment of the court of first instance, "the supplementary intervenor was designated as a non-retailer" shall be construed as "the supplementary intervenor was issued a non-retail designation certificate to the supplementary intervenor."

The Enforcement Rule of the former Tobacco Implementation Act of 16 shall be amended to "Enforcement Rule of the former Tobacco Business Act", on the 7th page of the judgment of the first instance.

Part 9 of the judgment of the court of first instance, the following subparagraphs through 16 shall be applied to the third page of the judgment of the court of first instance.

① Article 3(3) of the Rules of Singue City is a provision stipulating that “if a retailer is newly designated at a designated place, all of them shall be deemed a non-retailer.” As such, the above provision alone cannot be deemed the same as that of an intervenor designated as a non-retailer only on January 1, 2015, and ② The Rules of Singue City and Singue City and Singu shall respect, as far as possible, its intent as possible, as the rules established by the Defendant upon delegation from the legislature. In light of each of the above regulations and their annexes, it is reasonable to apply the former Rules of Silgu to the change of the location of the place of business, and ③ the Defendant issued a written designation of a non-retailer to the auxiliary intervenor on November 16, 2015, as seen earlier, by applying Article 28(4) of the Rules of the former Enforcement Decree of the Tobacco Business Act (amended by Ordinance of the Ministry of Strategy and Finance).

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