1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On November 3, 2014, the Plaintiff was designated as a retailer (hereinafter “general retailer”) under Article 7-3(1) of the Enforcement Rule of the Tobacco Business Act (hereinafter “Enforcement Rule”) from the Defendant on November 3, 2014, and runs tobacco retail business under subparagraph 105 of the G Building (hereinafter “instant building”) located in Seo-gu, Seo-gu, Gwangju.

B. Meanwhile, as a person operating convenience stores in subparagraph 102 of the instant building (hereinafter “instant store”) on November 24, 2014, B filed an application for designation as a tobacco retailer with the Defendant on November 28, 2014, and the Defendant issued a disposition to designate B as a retailer under Article 7-3(2) of the Enforcement Rule (hereinafter “retail”) with respect to B on November 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4, 10, and the purport of the whole pleadings

2. Summary of the parties' arguments and relevant statutes;

A. For the following reasons, the Plaintiff has legal interest in the instant disposition, and thus, the instant lawsuit is lawful. ① The Enforcement Rule before the amendment of July 1, 2009 (hereinafter “former Enforcement Rule”).

A. While dividing a general retailer and a non-retailer's place of business, there was no distance restriction between the non-retailer's place of business and the general retailer's place of business without exception. However, the Enforcement Rule stipulates that the distance between the retailer's place of business shall not be distinguished from the general retailer's place of business and the non-retailer's place of business, but shall be maintained at least 50 meters at a certain distance between the retailer's place of business, and the specific building, etc. may separately determine or restrict the distance between the retailer's place of business in consideration of the structure, the number of users, the number of users, etc.