1. The Defendant’s revocation of designation as a tobacco retailer against the Plaintiff on August 31, 2017 shall be revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On April 12, 2017, the Plaintiff was designated as a retailer pursuant to Article 16 of the Tobacco Business Act and Article 7(11) of the Enforcement Rule of the same Act by setting the trade name B and the location of the place of business as Daejeon Seo-gu, Daejeon.

B. On August 31, 2017, the Defendant issued a disposition to revoke the designation of a retailer pursuant to Article 16(2), (3), and Article 17(1)7 of the Tobacco Business Act, Article 7-3(2)2 of the Enforcement Decree of the same Act, and Article 3(3) of the Regulations on the Criteria for Designation of Tobacco Retailers in Daejeon Metropolitan City, Daejeon Metropolitan City (hereinafter “instant Rules”), on the ground that “after being designated as a tobacco retailer, tobacco vending machines are installed in the section for common use of a leased building, which is not inside the place of business, and fails to meet the standards for designation under the statutes, without any separate division.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that “the case where the Defendant becomes unable to meet the criteria for designation after being designated as a retailer pursuant to Article 17(1)7 of the Tobacco Business Act in order to take the instant disposition against the Plaintiff.” However, it does not constitute such a case where the Plaintiff, after being designated as a retailer, installed tobacco vending machines in the section for common use of the leased building, which is not inside the shop, instead of inside the shop. Therefore, the instant disposition is unlawful on the grounds that there exist no grounds for disposition.

(b)be as indicated in the relevant Acts and subordinate statutes;

C. Determination 1) The Tobacco Business Act provides that the head of the Gu shall revoke the designation of “where a person who intends to operate a tobacco retail business fails to meet the criteria for designation prescribed by Ordinance of the Ministry of Strategy and Finance after being designated as a retailer pursuant to Article 16(2)3” (Article 17(1)7, the Enforcement Decree of the Tobacco Business Act, and the Enforcement Rule of the Tobacco Business Act shall be the same.