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 June 2008, the Plaintiff is operating the “E store” in Busan Jung-gu and 101 (hereinafter “Plaintiff’s business office”) and selling tobacco upon receiving a disposition of designation as a tobacco retailer.

B. On December 7, 2016, the Defendant designated the “Cstore” located in Jung-gu, Busan as a tobacco retailer pursuant to Article 16 of the Tobacco Business Act (hereinafter “instant business establishment”).

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry in Gap's 2, 3, and Eul's 1, 4, 5, and 7 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Since the distance between the outer wall (A) of the building where the Plaintiff’s assertion is located (hereinafter “the instant building”) and the Plaintiff’s place of business falls short of 50 meters, the instant disposition is unlawful as it violates Article 16 of the Tobacco Business Act and Article 7-3(1)1 of the former Enforcement Rule of the Tobacco Business Act (amended by Ordinance of the Ministry of Strategy and Finance No. 595, Mar. 7, 2017; hereinafter the same) that “the distance between the retailer’s place of business is at least 50 meters.”

(b) as shown in the attached Form of the relevant statutes;

C. The facts of recognition 1) The business office of this case is located on the first floor of the building of this case, and the (A) part of the building of this case and the F Hospital buildings located adjacent thereto are installed with fences, making it impossible to pass through the Do road. 2) On the first floor of the building of this case, there is a common area used as rain, guard room, elevator, stairs, etc. other than the business office of this case. The business office of this case and the above common area are divided into walls. Although the entrance entrance of the business office of this case is installed on the road of the common area of the first floor of the building of this case, it is not currently used.

(B) The indication of the drawing(s) in attached Form(b), hereinafter referred to as "closed entry(s)". 3.