1. The plaintiff's claim is dismissed.

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

1. The Plaintiff operates the mutually convenient point (i.e., “C point” on the part of Suwon-si B and the first floor of Suwon-si.

The Plaintiff was designated as a tobacco retailer and operated a tobacco retail business at the above convenience store, and around 18:00 on August 17, 2017, the Plaintiff sold one cigarette to juvenile D (ma, 15 years old) at the above convenience store.

Luxembourg, the Defendant, following lawful procedures, ordered the Plaintiff to suspend his/her business for three months pursuant to Article 17(2)7 of the Tobacco Business Act and Article 11(4) of the Enforcement Rule of the Tobacco Business Act.

Referencely, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission against the instant disposition. On January 22, 2018, the Gyeonggi-do Administrative Appeals Commission rendered a ruling to change the period of business suspension to 40 days, taking into account all the circumstances into account.

【Facts without dispute over the grounds for recognition】 non-contentious facts, Gap evidences 1 through 4, Eul evidences 1 through 7, the purport of the whole pleadings

2. According to the Tobacco Business Act, a person who intends to operate a tobacco retail business shall be designated as a retailer by the head of the Si/Gun/Gu having jurisdiction over the location of the place of business (Article 16(1)). The head of the Si/Gun/Gu may order the retailer to suspend his/her business for a fixed period not exceeding one year (Article 17(2)7 of the Tobacco Business Act) and necessary matters concerning the criteria, procedure, etc. for the disposition of suspension of business.

(2) Article 17(2) of the Enforcement Rule of the Tobacco Business Act provides that “Where a person violates Article 17(2)7 of the Tobacco Business Act by selling tobacco to juveniles as a result of the sale of tobacco, it shall be two months of the first violation of Article 11(4)7 of the Enforcement Rule of the Tobacco Business Act, and four months of the second violation of Article 17(2)7 of the Enforcement Rule of the Tobacco Business Act, the content, degree, and frequency of the violation.”