학교환경위생정화구역내금지행위 및 금지시설해제거부처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 9, 2016, the Plaintiff reported the content of “the name of the business office: B, location: B, type of business, and other amusement facility business” to the Mayor of Seosansan City, and has been engaged in the amusement facility business on the content of “the other amusement facility business”, and the Plaintiff has been engaged in 231.8 square meters of the three-story building on the ground of the above location (hereinafter “instant building”).
B. The instant building is located within an educational environment protection zone under the Educational Environment Protection Act (hereinafter “Educational Environment Act”) located at a point 156.95 meters away from the entrances of the D Middle Schools and E High Schools (hereinafter “each of the instant schools”) adjacent to the straight line and located within a relative protection zone under the Educational Environment Act located within a point 151.74 meters away from the boundary line.
C. On May 15, 2017, the Defendant notified the Plaintiff of the application for prohibited acts and cancellation of facilities within the Plaintiff’s educational environment protection zone (hereinafter “instant application”) following deliberation by the Educational Environment Protection Committee of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the District of Education (hereinafter “instant Local Committee”).
(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1 to 3, Eul evidence 1 (including additional numbers), the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that “The area surrounding the instant building exists F, G, entertainment bars, singing practice rooms, scarke rooms, accommodation establishments, etc.” The Plaintiff is a commercial area where multiple entertainment and accommodation facilities are concentrated. Therefore, even if the Plaintiff operates a combined distribution and game providing business in the instant building, this is not likely to have an adverse impact on the learning and school health and sanitation of each of the instant students, while the instant disposition is highly likely to have an adverse impact on the learning and school health and sanitation of each of the instant students, and the Plaintiff’s property damage and other disadvantages caused by the instant disposition are significant. Therefore,
나. 관련법령 ▣ 교육환경법...