The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. From May 31, 2006, the Plaintiff operated a marina with the trade name “D” (hereinafter “Plaintiff store”) from around 1,006.

(At present, “E” convenience points are operated at the above location. (b)

Plaintiff

A pharmacist who operates a “F pharmacy” in the same building as the store was designated as a tobacco retailer in accordance with Article 24 of the former Tobacco Pact (amended by December 31, 1988) around 1983.

(Article 7-3 (1) 2 (a) of the current Enforcement Rule of the Tobacco Business Act sets pharmacies as an inappropriate place for the retail of tobacco, and there was no such restriction provision at the time of around 1983.

Plaintiff

The store and F Pharmacy are located on the first floor of the same commercial building, and the distance between their respective outer walls is eight meters.

On October 15, 2019, the Plaintiff filed an application for designation as a tobacco retailer with the Defendant on October 15, 2019 to operate the tobacco sales business at the Plaintiff’s store, but the Defendant indicated the following reasons and disposed of the Plaintiff’s failure to accept the application:

(hereinafter “instant disposition”). The distance between retailers pursuant to Article 7-3(2) of the Enforcement Rule of the Tobacco Business Act and Article 3(1) of the Regulations on the Criteria for Designation of Tobacco Retailers (hereinafter “the Rules of this case”) shall be at least 50 meters, but the outer wall of the applicant’s place of business is measured at the shortest distance of eight meters as the distance between the retailer’s place of business is measured at the shortest distance according to the pedestrian traffic route to which the provisions of Articles 8 and 10(2) and (3) of the Road Traffic Act are applied, and the distance between the retailer’s place of business is not at least 50 meters, so there is no dispute about the fact that the designation of the applicant’s place of business is not at least 50 meters [the grounds for recognition], Gap’s certificate of subparagraphs 1 through 7, and Eul’s each statement (including the number thereof; hereinafter the same shall apply) in subparagraphs 1 through 5,

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 is the distance between the tobacco retailer's business places.