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(영문) 창원지방법원 2015.10.20 2015구합21245
담배소매인(구내) 지정취소처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 25, 2005, the Plaintiff was designated as tobacco retailers from the Defendant, and operated a “C” market in Changwon-si, Changwon-si, a tobacco retailer, and operated a tobacco retail business.

B. On October 1, 2014, the Plaintiff changed the name of the business operator under the C’s business registration certificate, which he operated, into the joint name of the Plaintiff and D (the Plaintiff leased and operated the C building from E, and D is the wife of E).

C. On March 11, 2015, the Defendant revoked the designation of the Plaintiff’s tobacco retailer on the ground that “The Plaintiff was confirmed to have sold D tobacco without directly selling tobacco from October 1, 2014 to February 2, 2015, and constitutes Article 17(1)5 (where it does not operate business for at least 60 days without reporting the closure or suspension of business) and Article 17(1)7 (where it fails to meet the criteria prescribed by Ordinance of the Ministry of Strategy and Finance pursuant to Article 16(2)3 after being designated as a retailer) of the Tobacco Business Act.”

(hereinafter referred to as the "disposition of this case") / 1.3 Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 3, 4, and 6, witness E's testimony, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 does not constitute “cases where the Plaintiff and D jointly sell tobacco for at least 60 days without filing a report of closure or suspension of business,” but also constitutes “cases where the Plaintiff and D jointly sell tobacco fails to meet the criteria for the designation of retailers as prescribed by Ordinance of the Ministry of Strategy and Finance pursuant to Article 16(2)3 of the Tobacco Business Act” under Article 17(1)5 of the Tobacco Business Act.

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