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

A. On November 4, 2019, the Plaintiff filed an application with the Defendant for exclusion from prohibited acts and facilities within an educational environment protection zone pursuant to the proviso to Article 9 of the Educational Environment Protection Act (hereinafter “Educational Environment Act”) to engage in entertainment bar business on five stories of the fifth floor among the five stories buildings located in Daegu Jung-gu (hereinafter “instant building”) in the fourth floor in Daegu-gu (hereinafter “instant building”) pursuant to the proviso to Article 9 of the Act on the Protection of Educational Environment.

(hereinafter “instant application”). (b)

On November 18, 2019, the Educational Environment Protection Committee of the Daegu Metropolitan City Dong-gu Office of Education (hereinafter referred to as the “Dong Educational Environment Protection Committee”) decided to prohibit the entertainment bar in the building of this case by unanimous consent of ten members present, as a result of deliberation on the application of this case.

C. Accordingly, on November 29, 2019, the Defendant notified the Plaintiff of the fact that “the instant building is prohibited from entertainment tavern facilities according to the result of deliberation by the Educational Environment Protection Committee pursuant to Article 9 of the Educational Environment Act,” following the prior notice procedure of disposition.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1 to 3, Gap’s No. 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the instant disposition should be revoked inasmuch as it is in violation of the principle of proportionality and the principle of equality, etc., thereby deviating from or abusing discretionary power as follows.

1) The instant building belongs to a relative protection zone under the Educational Environment Act, and C Elementary School (hereinafter “instant school”).

(2) The instant building is located in the vicinity of the instant building, and there are a number of entertainment taverns and drinking houses in the vicinity of the instant building, and the hours of entertainment taverns are night and do not overlap with the hours of the instant school students, etc.

3 The defendant received a motion to exclude the prohibited acts and facilities to install accommodation in the building of this case.