In the school environmental sanitation and cleanup zone, any business shall not be operated in the school environmental sanitation and cleanup zone, which is demarcated by a smuggling, a closed space or partitions, or similar facilities, where it is likely to be modified by bedclothes, bed, or bedclosion, etc., and make physical contacts, such as dancing, dancing, etc., or to exposing physical parts related to sex.

Nevertheless, around 16:00 on August 27, 2014, the Defendant provided 30,000 won and 65,000 won for more than 30,000 female employees, and 65,000 won for more than 166 meters from “F kindergarten” located in Yangcheon-gu Seoul Metropolitan Government E, and provided 4 services in the school environmental sanitation and cleanup zone, which are located far away from 166 meters from “D”, and employed 4 employees, such as female employees, to provide them with services that are likely to expose their physical contact or physical parts related to sex from around April 11, 2014 to the above temporary date.

Accordingly, the defendant committed a prohibited act in school environmental sanitation and cleanup zone.

2. Determination

A. Article 5 (1) of the School Health Act provides that "In order to protect the health, sanitation and study environment of a school, the superintendent of education shall establish and publicly announce school environmental sanitation and cleanup zones, as prescribed by Presidential Decree. In such cases, school environmental sanitation and cleanup zones shall not exceed 200 meters from the boundary line of a school or the boundary line of a planned school site." Article 3 (1) of the Enforcement Decree of the same Act provides that "The superintendent of education of a City/Do pursuant to Article 5 (1) of the Act shall establish school environmental sanitation and cleanup zones by dividing them into absolute cleanup zones and relative cleanup zones, but the absolute Cleanup Zone