1. On March 28, 2016, the Defendant’s disposition of notification of non-designated tobacco retailers against the Plaintiff is revoked.

2...

1. Details of the disposition;

A. On January 15, 2016, the Plaintiff is running a convenience store with the trade name “Cat” from the 103th floor of the 1st floor of the building (hereinafter “instant store”).

B. On March 23, 2016, the Plaintiff filed an application for the designation of tobacco retailers with the Defendant to engage in tobacco retail business. However, on March 28, 2016, the Defendant issued a provisional notification of tobacco retailers’ designation (hereinafter “instant disposition”) to the Plaintiff on the ground that Article 6 of the Rules on the Criteria, etc. for Designation of Tobacco Retailers in Article 7-3(1)2 of the Enforcement Rule of the Tobacco Business Act and Article 7-3(1)2 of the Rules on the Criteria, etc. for Designation of Tobacco Retailers in Kimhae-si defines the “place of business related to public health and medical services, such as pharmacies, hospitals, and clinics,” and the instant store is located on the first floor of the building B.

C. On April 8, 2016, the Plaintiff filed an administrative appeal with the Standing Committee on Administrative Appeals (Seoul-do), but it dismissed the appeal on July 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion that the instant store is a convenience store and is not a place where businesses, such as pharmacies, hospitals, and clinics, are not a place where separate ownership exists, and that the instant store is operated mainly for pedestrians, etc. who passed before the instant store, the instant store does not fall under the “place of business related to health and medical services, such as pharmacies, hospitals, and clinics.”

Therefore, the instant disposition made on a different premise is unlawful.

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

C. Determination of Article 16(2)2 and (3) of the Tobacco Business Act, and Article 7-3(1)2 of the Enforcement Rule of the same Act

According to the item, the head of a Si/Gun/Gu shall designate a retailer when a person who intends to be designated as a tobacco retailer applies for designation.