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(영문) 서울행정법원 2019.08.29 2019구합1654

금지행위및시설해제신청거부처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 31, 2019, the Plaintiff filed an application with the Defendant for prohibited acts and facility cancellation (hereinafter “instant application”) within the educational environment protection zone in order to operate entertainment taverns in the building of 108 square meters (hereinafter “instant building”) among the 4th underground floors above the 1st underground floor of Jongno-gu Seoul Metropolitan Government, Jongno-gu (hereinafter “instant building”) located within the relative protection zone under the Educational Environment Protection Act (hereinafter “Educational Environment Act”).

On February 12, 2019, following deliberation by the Educational Environment Protection Committee, the Defendant notified the Plaintiff of the rejection of the said application on the ground that “it is deemed that the establishment of entertainment bars in the instant building adversely affects learning and educational environment.”

(2) The grounds for the rejection disposition of this case are as follows: (a) the building of this case is not in dispute; (b) the building of this case is not in dispute; (c) Gap's 1 and 2; and (d) Eul's 1; and (c) the purport of the whole pleadings as to the legitimacy of the rejection disposition of this case; and (d) the building of this case is not in dispute with the main school of each of the above schools; and (e) the building of this case is not in dispute with the main school of each of the above schools, but in each of the above schools.

The business hours of entertainment taverns are night, and each of the above principals confirmed that even if they operate entertainment taverns in the building of this case, they do not interfere with learning and educational environment.

In light of this, even if an entertainment tavern is installed in the instant building, it does not adversely affect learning and educational environment.

Facts of recognition

The instant building is located at a distance of approximately 138 meters from the boundary of the C school, approximately 191m, D schools, E schools, and F schools.

(hereinafter referred to as the “each of the schools in this case.” The building in this case is an area where the surrounding areas are concentrated in the general commercial area, and the building in this case is divided into five lanes from each of the schools in this case.

The location of the building of this case does not fall under the main roads of each school of this case.

However, C. Schools.