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(영문) 대전지방법원 2018.11.29 2018구합101320
담배소매인지정취소처분취소
Text

1. The Defendant’s disposition revoking the designation of a tobacco retailer against the Plaintiff on February 20, 2018 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 21, 2017, the Plaintiff entered into a contract for the loan of use of the building with respect to the said store to operate convenience stores (trade name D) at the first floor of the Seo-gu Seoul Metropolitan City, Seo-gu, Daejeon Metropolitan City.

(hereinafter the above store is referred to as the “instant business establishment”). B.

On September 25, 2017, the Plaintiff filed an application for designation of tobacco retailers with the Defendant on September 25, 2017 to engage in tobacco retail business at the instant business establishment.

C. The Defendant: (a) requested the E Association (hereinafter “instant survey agency”) to conduct fact-finding surveys to verify whether the instant business establishment satisfies the criteria for distance between the tobacco retailers’ business establishments (50m or more) under Article 16(2)3 of the Tobacco Business Act and Article 7-3(2)1 of the Enforcement Rule of the Tobacco Business Act; and (b) on September 26, 2017, the said survey agency submitted a fact-finding report to the Defendant on September 26, 2017 that “the distance from the instant business establishment to the business establishment run by F, a neighboring tobacco retailer (hereinafter “instant neighboring business establishment”)” under Article 7-3(2) of the Enforcement Rule of the Tobacco Business Act; (c) as a result of the measurement by the method of measurement under Article 7-3(2) of the Enforcement Rule of the Tobacco Business Act, the distance between the instant business establishment and the neighboring business establishment is at least 50.8m

On September 27, 2017, the Defendant issued a letter of designation as tobacco retailers to the Plaintiff.

(hereinafter referred to as “instant designation disposition of tobacco retailers”). (e)

On the other hand, F, around October 2017, filed a civil petition with the Defendant that the instant place of business failed to meet the requirements for the distance between tobacco retailers’ places of business, and the Defendant again measured the distance between the instant place of business and the neighboring place of business, and notified the Plaintiff of the revocation of the instant disposition to designate tobacco retailers as of March 5, 2018 on the ground that the Plaintiff failed to meet the requirements for the distance between tobacco retailers (at least 50m) on February 20, 2018 after remeasurement the distance between the instant place of business and the neighboring

hereinafter referred to as "the case."

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