당구장시설허가금지 결정처분취소
1. On November 28, 2013, the Defendant’s decision to prohibit permission for the establishment of a party hall against the Plaintiff shall be revoked.
2...
Details of the disposition
A. On November 20, 2013, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zones for the purpose of running the billiard business on part of the 1st underground floor among the buildings of the 1st underground and the 4th ground located in B (hereinafter “instant building”).
B. On November 28, 2013, the Defendant determined that “the prohibited acts and facilities within the school environmental sanitation and cleanup zone shall be rejected after deliberation by the school environmental sanitation and cleanup committee pursuant to the proviso of Article 6(1) of the School Health Act” and notified the Plaintiff thereof.
(hereinafter “instant disposition”). C.
On December 12, 2013, the Plaintiff filed an administrative appeal with the administrative appeals commission of Chungcheongnam-do Office of Education (hereinafter “Administrative appeals commission”), but was dismissed on January 24, 2014.
【In light of the fact that there is no dispute, Gap 6-8 evidence, Eul 1 and 3 evidence, and the purport of the entire pleadings, the plaintiff’s assertion as to the legitimacy of the disposition of this case is not the principal school of the Cson High School, and it is practically impossible for female students of the above school to enter the party room. The party room is a sound sports and the party room is distinguishable from other harmful facilities that can be deliberated in the absolute Cleanup Zone, unlike other harmful facilities under the School Health Act. Since the party room is already operated in the relative Cleanup Zone of the C Female High School, it is against equity that it does not release the prohibited act only for the building of this case. The underground floor of the building of this case is a type of business that can be operated only with only the party room because it does not lease at all, and if it is not permitted, the infringement of the plaintiff’s property right is very big, the disposition of this case is unlawful.
It shall be as shown in the attached Form of the relevant statutes.
Judgment
In accordance with the proviso to Article 6 (1) of the School Health Act, a City/Do superintendent of education or a superintendent of education.