1. The Defendant’s disposition rejecting designation as a tobacco retailer against the Plaintiff on February 3, 2017 is revoked.

2. The costs of lawsuit shall be.

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, Ansan-si B and 101.

B. On January 24, 2017, the Plaintiff applied for the designation of tobacco retailers (hereinafter “instant application”) to the Defendant in order to operate the tobacco retail business at the instant business establishment.

C. On February 3, 2017, the Defendant notified the Plaintiff that the designation of a tobacco retailer in accordance with the instant application is not possible pursuant to Article 7-3 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) and Article 3(1) of the Rules on the Criteria for Designation of Tobacco Retailer in Ansan-si (hereinafter the “Rules of Ansan-si”).

The plaintiff appealed to the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the claim on June 19, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition against the Plaintiff is unlawful as follows. (A) The road (D; hereinafter “instant road”) connecting the instant business establishment to South and North Korea between the instant tobacco retail business establishment located near the instant business establishment (hereinafter “ neighboring business establishment”) does not constitute a side-way road, while a sidewalk setting a boundary with the curb line is installed. On the instant road, pedestrians are installed a crosswalk (hereinafter “instant crosswalk”). On the instant road, pedestrians must walk the said crosswalk.

Therefore, the defendant measured the distance between places of business.