The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. The former Tobacco Business Act (amended by Act No. 12269, Jan. 21, 2014; hereinafter the same) provides that no person, other than a retailer, shall sell tobacco to consumers, and no person, who intends to operate a tobacco retail business (referring to a business that directly sells to consumers), shall be designated as a retailer by the head of a Si/Gun/Gu having jurisdiction over the location of the place of business (Articles 12(2) and 16(1)), and the standards and procedures for the designation of a retailer, and other matters necessary for the designation, shall be delegated to

(4) Article 16(4) of the former Enforcement Rule of the Tobacco Business Act (amended by Ordinance of the Ministry of Strategy and Finance No. 397, Dec. 9, 2014; hereinafter “Enforcement Rule of this case”) (amended by Ordinance of the Ministry of Strategy and Finance), which was enacted upon such delegation, provides for “documents proving the right to use a shop (referring to a legally constructed one)” as one of the documents to be submitted by a person who intends to be designated as a tobacco retailer, along with the application form.

2.(a)

The purpose of the former Tobacco Business Act is to promote the sound development of the tobacco industry and contribute to the national economy (Article 1). The former Tobacco Business Act regulates all processes of manufacture, production, distribution, and consumption of tobacco in order to realize the nation's duty to protect the lives and bodies of the people. In particular, in the distribution stage of tobacco, administrative agencies intervene and strictly manage the tobacco.

( Constitutional Court Order 2012Hun-Ma38 Decided April 30, 2015). Moreover, Article 12(4) of the former Tobacco Business Act prohibits retailers from selling tobacco to consumers by means of postal sale and electronic transaction. Therefore, consumers are bound to directly visit the place of business of retailers to purchase tobacco, and accordingly, consumers need to consider the stability, continuity, etc. of retailers’ stores at the place of tobacco sales.

A lawsuit is bound to be filed.

In addition, the Gu.