1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of the disposition;

A. The Plaintiff is running the “F convenience store” in Sejong Special Self-Governing City, Sejong Special Self-Governing City and D Apartment Building E (hereinafter “instant convenience store”) and sells tobacco upon designation as a tobacco retailer.

B. On March 31, 2017, G employees of the instant convenience store was subject to a disposition of suspending indictment on May 11, 2017, by selling tobacco, which is a harmful substance to juveniles (hereinafter “instant violation”), without confirming the age of H (the age of 17) that is a juvenile, and without confirming the age.

C. On September 8, 2017, the Defendant issued a disposition to suspend the business of selling tobacco for 1.5 months to the Plaintiff (hereinafter “instant disposition”) based on Article 17(2)7 of the Tobacco Business Act and Article 11(4) and (5) of the Enforcement Rule of the Tobacco Business Act.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on September 15, 2017, but the said claim was dismissed on November 1, 2017.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 7, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The same retail business (mutual “market”; hereinafter “market”) in the vicinity of the instant convenience store.

1) As the Plaintiff’s tobacco retailer’s designation is revoked, I, a competitor operating business, did not meet the criteria for designation of tobacco retailers under Article 16(2) subparag. 3 of the Tobacco Business Act due to the high distance from the instant convenience store, and thus, did not obtain designation as tobacco retailers. 2) The first repeats the Plaintiff’s purchase of tobacco at the instant convenience store from September 2016 to the Plaintiff’s designation as a tobacco retailer on several occasions, using the food market producer, etc., which is a juvenile, from around September 2016.

3. The instant violation was also discovered by the I’s malicious report, and the Plaintiff’s thorough education of employees to prevent the Plaintiff from selling tobacco and alcoholic beverages to ordinary juveniles, and the instant disposition is also the Plaintiff.