A. The Plaintiff, as the owner of the building of 2nd floor and 1st floor underground (hereinafter “instant building”) located in Gyeyang-gu, Seoyang-gu, Yangyang-si, intended to run the singing practice room business (hereinafter “instant singing practice room”) with the trade name of “C” from approximately 196.35 square meters of the first floor underground of the said building. The instant building is a relative cleanup zone among school environmental sanitation and cleanup zones under Article 6(1) of the School Health Act and Article 3(1) of the Enforcement Decree of the same Act, located at a place located within 98 meters in a straight line from neighboring D schools.

B. On December 9, 2014, the Plaintiff filed an application with the Defendant for refusal of the instant application on the ground that the Plaintiff’s establishment of the instant singing practice room is expected to cause many difficulties to students in creating a school environment and providing guidance, and that it would undermine school learning and health and sanitation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, and 8, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion is not only a facility for children to freely access the instant singing practice room, but also a noise level without any signboards or doors of the instant singing practice room at school. The students who have opened the instant singing practice room in the future are almost little, and there has already been two singing practice rooms around the instant building. The Plaintiff not only invested more than KRW 200 million in facilities to operate the instant singing practice room, but also separately installed minor rooms.

Nevertheless, the instant disposition rejecting the Plaintiff’s instant application is a disposition.