1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From July 2009, the Plaintiff has been designated as a tobacco retailer by the Defendant on July 24, 2009 and sold tobacco as well as a person who has run the Smarket (hereinafter “instant store”) with the trade name of Scambling C from 130 to D.

B. On February 3, 2016, B operated the F Points E and 3 Dong 101 (hereinafter “F”), and the Defendant requested the Defendant to investigate the fact in accordance with Article 5 of the Rules on the Criteria for Designation of Tobacco Retailers in Smuggling (Rules 499, hereinafter “Rules”), the Defendant requested the Korea Tobacco Seller’s Association Smuggling (hereinafter “Shapyang”) to investigate the fact.

C. On February 4, 2016, the smuggling Cooperative prepared a fact-finding report on the fact-finding that the distance between F and the store of this case, a neighboring place of business, is 53 meters, and the Defendant, on this basis, designated a tobacco retailer to B on February 11, 2016.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The following facts are without dispute; Gap’s evidence Nos. 1, 2, 5, and 6; Eul’s evidence Nos. 4, 5, and 6; the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The distance between the store and F of this case’s substantive defect is nothing more than 18 meters. Therefore, the instant disposition is unlawful as violating the criteria for designation of tobacco retailers (which shall maintain a distance of not less than 50 meters between the retailers’ stores) stipulated in the Regulations of Gyeyang City. 2) The Defendant, while rendering the instant disposition, did not either undergo hearing procedures pursuant to Article 7(6) of the Enforcement Rule of the Tobacco Business Act, nor provided guidance on the request for re-audit pursuant to Article 7(7) of the Enforcement Rule of the Tobacco Business Act to the Plaintiff, a neighboring business owner, while making the instant disposition.

Therefore, the instant disposition is unlawful.

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

C. A person who intends to engage in retail business of defective tobacco at the location of the place of business.