1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From January 13, 2017, the Plaintiff is operating a mutual convenience store (hereinafter “instant place of business”) with the trade name “C points” as from May 13, 2017 (hereinafter “instant place of business”).

B. On January 24, 2017, the Plaintiff filed an application with the Defendant for designation as a tobacco retailer to operate the tobacco retail business at the instant business establishment.

C. On February 3, 2017, the Defendant notified the Plaintiff that it is impossible to designate the Plaintiff as a tobacco retailer on the ground that “the distance between the place of business of the neighboring tobacco retailer and the standard of designation (37.3m)” (hereinafter “previous Disposition”).

On July 3, 2017, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the previous disposition (hereinafter “previous lawsuit”) by asserting that the distance between the Defendant’s neighboring tobacco retailer’s business establishment and the neighboring tobacco retailer’s business establishment was erroneously measured (hereinafter “previous lawsuit”). On October 17, 2017, the said court rendered a judgment to revoke the previous disposition on the ground that the distance between the business establishment for designation of tobacco retailer’s business establishment and the neighboring tobacco retailer’s business establishment should be measured on the premise that pedestrians pass along the crosswalk if there is the crosswalk. In measuring the distance between the instant business establishment and the neighboring tobacco retailer’s business establishment, the previous disposition was unlawful, and thus, the previous judgment was rendered to revoke the previous disposition (hereinafter “previous judgment”), and the previous judgment became final and conclusive at that time.

E. After reviewing the designation of a tobacco retailer with the Plaintiff on November 15, 2017, the Defendant’s previous crosswalk is closed after the previous disposition was issued and thus, it is impossible to measure the distance via the crosswalks. The distance is resumed in accordance with Article 7-3 of the Enforcement Rule of the Tobacco Business Act and Article 3 of the Rules on the Criteria for Designation of Tobacco Retailers in Ansan-si.